Aviation safety. 1. The Parties shall, in their mutual relations, act in conformity with the aviation safety provisions established by the International Civil Aviation Organization and designated as annexes to the Convention. 2. Each Party shall recognise as valid, for the purpose of operating the air services provided for in this Agreement, certificates of airworthiness, certificates of competency, and licences issued or validated by the competent authorities of the other Party and still in force, provided that the requirements for such certificates or licences are at least equal to the minimum standards which may be established pursuant to the Convention. Each Party may, however, refuse to recognise as valid for the purposes of flights above or landing within the flight information region under each other’s jurisdiction, certificates of competency and licences granted to or validated for its own citizens by the competent authorities of the other Party. 3. If the privileges or conditions of the licences or certificates referred to in paragraph 2 above, issued by the competent authorities of one Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the minimum standards established under the Convention, the other Party may request consultations between the competent authorities with a view to clarifying the practice in question. 4. Consultations concerning the safety standards and requirements maintained and administered by the competent authorities of the other Party relating to aeronautical facilities, crew members, aircraft, and operation of the designated airlines shall be held within 30 days of receipt of a request from either Party, or such other period as may be mutually determined. If, following such consultations, the competent authorities of one Party find that the competent authorities of the other Party do not effectively maintain and administer safety standards and requirements in these areas that are at least equal to the minimum standards established pursuant to the Convention, the competent authorities of the other Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards. Failure to take appropriate corrective action within 30 days, or such other period as may be accepted by the competent authorities of the Party that made the findings, shall constitute grounds for withholding, revoking, suspending or imposing conditions on the authorisations of the airlines designated by the other Party. 5. Each Party accepts that any aircraft operated by, or, where approved, on behalf of, an airline of one Party, may, while on the ground within the other Party, be the subject of an examination by the competent authorities of the other Party, on board and around the aircraft to verify the validity of the relevant aircraft documents and those of its crew members and the apparent condition of the aircraft and its equipment (for the purpose of this Article “ramp inspection”), provided such ramp inspection does not cause an unreasonable delay in the operation of the aircraft. 6. If the competent authorities of one Party, after carrying out a ramp inspection, find that: (a) an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; and/or (b) there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention; the competent authorities of that Party may, at their discretion, determine that the requirements under which the certificates or licences in respect of that aircraft or its crew members had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention. This same determination may be made in the case of denial of access for ramp inspection. 7. The competent authorities of each Party shall have the right, without consultation, to withhold, revoke, suspend or impose conditions on the authorisations of an airline of the other Party in the event the competent authorities of the first Party conclude that immediate action is essential to the safety of airline operations. 8. Any action by the competent authorities of one Party in accordance with paragraphs 4 or 7 above shall be discontinued once the basis for the taking of that action ceases to exist.
Appears in 3 contracts
Samples: Air Transport Agreement, Air Transport Agreement, Air Transport Agreement
Aviation safety. 1. The Parties shallreaffirm the importance of close cooperation in the field of aviation safety. In that context, the Parties agree to engage in their mutual relationsfurther cooperation where appropriate, act notably the facilitation of the exchange of safety information, the possible participation in conformity each other's oversight activities or the conduct of joint oversight activities, as well as the development of joint projects and initiatives, including with the aviation safety provisions established by the International Civil Aviation Organization and designated as annexes countries not party to the Conventionthis Agreement.
2. Each Party shall recognise as valid, for the purpose of operating the air services provided for in this Agreement, certificates Certificates of airworthiness, certificates of competency, and licences issued or validated rendered valid by the competent authorities of the other a Party and still in forceforce shall be recognised as valid by another Party and its competent authorities for the purpose of operating air services under this Agreement, provided that the requirements for such certificates or licences are at least equal to were issued or rendered valid pursuant to, and in conformity with, as a minimum, the minimum relevant international standards which may be established pursuant to under the Chicago Convention. Each Party may, however, refuse to recognise as valid for the purposes of flights above or landing within the flight information region under each other’s jurisdiction, certificates of competency and licences granted to or validated for its own citizens by the competent authorities of the other Party.
3. If the privileges or conditions of the licences or certificates referred to in paragraph 2 above, issued by the competent authorities of one Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the minimum standards established under the Convention, the other Each Party may at any time request consultations between the competent authorities with a view to clarifying the practice in question.
4. Consultations concerning the safety standards and requirements maintained and administered by the competent authorities of the other another Party in areas relating to aeronautical facilities, crew membersflight crew, aircraft, and the operation of aircraft. Such consultations shall take place within thirty (30) days from the designated airlines shall be held within 30 days date of receipt of a request from either Party, or such other period as may be mutually determinedthe request.
4. If, following such consultationsconsultations referred to in paragraph 3 of this Article, the competent authorities of one requesting Party find finds that the competent authorities of the that other Party do does not effectively maintain and administer safety standards and requirements in these the areas referred to in paragraph 3 of this Article that are at least equal to the minimum standards established pursuant to the Chicago Convention, the competent authorities of the that other Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards. Failure by that other Party to take appropriate corrective action within 30 days, fifteen (15) days from the date of receipt of such notification or such other an agreed time period as may be accepted by the competent authorities of the Party that made the findings, shall constitute grounds for withholdingthe requesting Party referred to in paragraph 3 of this Article to refuse, revokingrevoke, suspending suspend, impose conditions on, or imposing limit the operating authorisations or technical permissions of an air carrier which is under the safety oversight of that other Party, or to otherwise refuse, revoke, suspend, impose conditions on on, or limit the authorisations operations of an air carrier which is under the airlines designated by the safety oversight of that other Party.
5. Each Party accepts that any Any aircraft operated by, or, where approved, or on behalf of, an airline air carrier of one Party, a Party may, while on the ground within the other territory of another Party, be the subject of an examination a ramp inspection by the competent authorities of the that other Party, on board and around the aircraft to verify the validity of the relevant aircraft documents and those of its crew members and the apparent condition of the aircraft and its equipment (for the purpose of this Article “ramp inspection”)equipment, provided that such ramp inspection examination does not cause an unreasonable delay in the operation of the aircraft.
6. If the competent authorities of one a Party, after carrying out a ramp inspection, find that:
(a) finds that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; and/or
(b) Chicago Convention or that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Chicago Convention; , or if it is denied access for ramp inspection, that Party shall notify the competent authorities of that other Party maythat are responsible for the safety oversight of the air carrier operating the aircraft of such findings and the steps considered necessary to conform with these minimum standards. Failure to take appropriate corrective action within fifteen (15) days from the date of receipt of such notification or an agreed time period shall constitute grounds for the first Party to refuse, at their discretionrevoke, determine that the requirements under which the certificates or licences in respect of that aircraft or its crew members had been issued or rendered validsuspend, impose conditions on, or that limit the requirements under which that aircraft is operatedoperating authorisations or technical permissions of the air carrier operating the aircraft, are not equal or to otherwise refuse, revoke, suspend, impose conditions on, or above limit the minimum standards established pursuant to operations of the Convention. This same determination may be made in air carrier operating the case of denial of access for ramp inspectionaircraft.
7. The competent authorities of each Each Party shall have the right, without consultation, right to withhold, take immediate action including the right to revoke, suspend, or limit the operating authorisations or technical permissions of an air carrier of another Party, or to otherwise suspend or impose conditions on limit the authorisations operations of an airline air carrier of the another Party, if it concludes that such action is necessary in view of an immediate threat to aviation safety. The Party taking such measures shall promptly inform that other Party in the event the competent authorities of the first Party conclude that immediate action is essential to the safety of airline operationsand provide reasons for its action.
8. Any action by the competent authorities of one a Party in accordance with paragraphs 4 4, 6, or 7 above of this Article shall be discontinued once the basis for the taking of that action ceases to exist.
Appears in 3 contracts
Samples: Comprehensive Air Transport Agreement, Comprehensive Air Transport Agreement, Comprehensive Air Transport Agreement
Aviation safety. 1. The Parties reaffirm the importance of close cooperation in the field of aviation safety. In that context, the Parties shall, as appropriate, engage in their mutual relationsfurther cooperation in relation to accident investigation, act regulatory development, the exchange of safety information, the possible participation in conformity with each other's oversight activities or conducting joint oversight activities and the aviation safety provisions established by the International Civil Aviation Organization development of joint projects and designated as annexes to the Conventioninitiatives.
2. Each Party shall recognise as valid, for the purpose of operating the air services provided for in this Agreement, certificates Certificates of airworthiness, certificates of competency, and licences issued or validated by the competent authorities of the other Party and still in force, provided that the requirements for such certificates or licences are at least equal to the minimum standards which may be established pursuant to the Convention. Each Party may, however, refuse to recognise as valid for the purposes of flights above or landing within the flight information region under each other’s jurisdiction, certificates of competency and licences granted to issued or validated for its own citizens rendered valid by one Party and still in force shall be recognised as valid by the competent other Party and its aeronautical authorities for the purpose of operating air services, provided that such certificates or licences were issued or rendered valid pursuant to, and in conformity with, as a minimum, the other Partyrelevant international standards and recommended practices and procedures for air navigation services established under the Convention.
3. If the privileges or conditions of the licences or certificates referred to in paragraph 2 above, issued by the competent authorities of one Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the minimum standards established under the Convention, the other Each Party may request consultations between the competent authorities with a view to clarifying the practice in question.
4. Consultations at any time concerning the safety standards and requirements maintained and administered by the competent authorities of the other Party in areas relating to aeronautical facilities, crew membersflight crew, aircraft, aircraft and the operation of the designated airlines aircraft. Such consultations shall be held take place within 30 days of receipt of a request from either Party, or such other period as may be mutually determinedthe request.
4. If, following such consultations, the competent authorities of one requesting Party find finds that the competent authorities of the other Party do does not effectively maintain and administer safety standards and requirements in these the areas that referred to in paragraph 3 that, unless otherwise decided, are at least equal to the minimum standards established pursuant to the Convention, the competent authorities of the other Party shall be notified of such findings findings. The other Party shall submit a corrective action plan within 30 days which will include a timeline for implementation. The corrective action plan and the steps considered necessary to conform with these minimum standardscorresponding timeline shall be agreed by the Parties before being implemented. Failure by the other Party to take appropriate corrective action within 30 days, or such other a reasonable period as may be accepted by the competent authorities of the Party that made the findings, time shall constitute grounds for withholdingthe requesting Party to refuse, revokingrevoke, suspending or imposing suspend, impose conditions on or limit the operating authorisations or technical permissions or to otherwise refuse, revoke, suspend, impose conditions on or limit the operations of an air carrier which is under the airlines designated by safety oversight of the other Party.
5. Each Party accepts that any aircraft operated by, or, where approved, or on behalf of, an airline air carrier of one Party, a Party may, while on within the ground within territory of the other Party, be the subject of an examination a ramp inspection by the competent authorities of the other Party, on board and around the aircraft Party to verify the validity of the relevant aircraft documents and those of its crew members and the apparent condition of the aircraft and its equipment (for the purpose of this Article “ramp inspection”)equipment, provided that such ramp inspection examination does not cause an unreasonable delay in the operation of the aircraft.
6. If the competent authorities of one a Party, after carrying out a ramp inspection, find that:
(a) finds that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; and/or
(b) there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention; the competent authorities of that Party may, at their discretion, determine that the requirements under which the certificates or licences in respect of that aircraft or its crew members had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards procedures for air navigation services established pursuant to the Convention. This same determination may be made in the case of denial of access for ramp inspection.
7. The competent authorities of each , that Party shall have notify the rightaircraft operator of such lack of compliance while requesting corrective action as deemed appropriate. Whenever appropriate, without consultation, to withhold, revoke, suspend or impose conditions on the authorisations of an airline of the other Party in the event the competent authorities of the first other Party conclude that are responsible for the safety oversight of the air carrier operating the aircraft may be requested to give their acceptance of the corrective action taken by the aircraft operator. Notwithstanding this, each Party will allow access to the results of ramp inspections performed on aircraft operators which are under the safety oversight of the other Party.
7. Each Party shall have the right to take immediate action including the right to revoke, suspend or limit the operating authorisations or technical permissions or to otherwise suspend or limit the operations of an air carrier of the other Party, if it concludes that it is essential necessary in view of an immediate threat to aviation safety. The Party taking such measures shall promptly inform the safety of airline operationsother Party, providing reasons for its action.
8. Any action by the competent authorities of one a Party in accordance with paragraphs 4 paragraph 4, 6 or 7 above shall be necessary and proportionate to address a safety finding and shall be discontinued once the basis for the taking of that action ceases to exist.
Appears in 3 contracts
Samples: Agreement on Air Transport, Air Transport Agreement, Air Transport Agreement
Aviation safety. 1. The Parties shallreaffirm the importance of close cooperation in the field of aviation safety. In that context, the Parties shall engage in their mutual relationsfurther cooperation including in relation to air operations, act notably to allow the sharing of information which may have an impact on the safety of international air navigation, the participation in conformity with each other's oversight activities or conducting joint oversight activities in the field of aviation safety provisions established by and the International development of joint projects and initiatives, including with third countries. This cooperation shall be developed in the framework of the Agreement on Civil Aviation Organization Safety between the European Community and designated as annexes Canada, done at … on …, with respect to the Conventionmatters covered by that Agreement.
2. Each Certificates of airworthiness, certificates of competency and licences, issued or rendered valid by one Party, through its aeronautical authorities, in accordance with the Agreement on Civil Aviation Safety between the European Community and Canada where such provisions may exist, and still in force, shall be recognised as valid by the other Party shall recognise as valid, and its aeronautical authorities for the purpose of operating the air services provided for in this Agreement, certificates of airworthiness, certificates of competency, and licences issued or validated by the competent authorities of the other Party and still in forceservices, provided that the requirements for such certificates or licences are at least equal to were issued or rendered valid pursuant to, and in conformity with, as a minimum, the minimum standards which may be established pursuant to under the Convention. Each Party may, however, refuse to recognise as valid for the purposes of flights above or landing within the flight information region under each other’s jurisdiction, certificates of competency and licences granted to or validated for its own citizens by the competent authorities of the other Party.
3. If the privileges or conditions of the licences or certificates referred to in paragraph 2 above, issued by the competent aeronautical authorities of one Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed air services, should permit a difference from that is lower than the minimum standards established under the Convention, and which difference has been filed with the International Civil Aviation Organization, or if those authorities should apply a standard or standards that are higher than, or other than, standards established under the Convention, the other Party may request consultations between the competent authorities Parties in the framework of the Joint Committee with a view to clarifying the practice in question. Until such time as consultations may lead to a consensus and, in the spirit of a regime of reciprocal acceptance of each others' certificates and licenses, the Parties shall continue to recognise the certificates and licenses rendered valid by the aeronautical authorities of the other Party. Where the Agreement on Civil Aviation Safety between the European Community and Canada done at … on … has provisions governing the reciprocal acceptance of certificates and licenses, each party shall apply those provisions.
4. Consultations Consistent with applicable laws and within the framework of the Agreement on Civil Aviation Safety between the European Community and Canada done at … on …, with respect to matters covered by that Agreement the Parties undertake to achieve reciprocal acceptance of certificates and licences.
5. A Party or its responsible aeronautical authorities may request at any time consultations with the other Party or its responsible aeronautical authorities concerning the safety standards and requirements maintained and administered by the competent authorities of the other Party relating to those aeronautical facilities, crew members, aircraft, and operation of the designated airlines shall be held within 30 days of receipt of a request from either Party, or such other period as may be mutually determinedauthorities. If, following such consultations, the competent requesting Party or its responsible aeronautical authorities of one Party find that the competent authorities of the other Party or its responsible aeronautical authorities do not effectively maintain and administer safety standards and requirements in these areas that areas, that, unless otherwise decided, are at least equal to the minimum standards established pursuant to the Convention, the competent other Party or its responsible aeronautical authorities shall be notified of such findings and the steps considered necessary to conform with these minimum standards. Failure by the other Party or its responsible aeronautical authorities to take appropriate corrective action within fifteen (15) days, or such other period as may be decided, shall constitute grounds for the requesting Party or its responsible aeronautical authorities to revoke, suspend or limit the operating authorisations or technical permissions or to otherwise suspend or limit the operations of an airline, the safety oversight of which is the responsibility of the other Party or its responsible aeronautical authorities.
6. Each Party accepts that any aircraft operated by or, on behalf of, an airline of one Party, may, while within the territory of the other Party, be the subject of a ramp inspection by the aeronautical authorities of the other Party, to verify the validity of the relevant aircraft documents, and those of its crew members and the apparent condition of the aircraft and its equipment, provided that such examination does not cause an unreasonable delay in operation of the aircraft.
7. If the aeronautical authorities of one Party, after carrying out a ramp inspection, find that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention or there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the aeronautical authorities of that Party shall notify the aeronautical authorities of the other Party shall be notified that are responsible for the safety oversight of the airline operating the aircraft of such findings and the steps considered necessary to conform with these minimum standards. Failure to take appropriate corrective action within 30 days, or such other period as may be accepted by the competent authorities of the Party that made the findings, fifteen (15) days shall constitute grounds for withholding, revoking, suspending or imposing conditions on limiting the operating authorisations or technical permissions or to otherwise suspend or limit the operations of the airlines designated by the other Party.
5. Each Party accepts that any aircraft operated by, or, where approved, on behalf of, an airline of one Party, may, while on the ground within the other Party, be the subject of an examination by the competent authorities of the other Party, on board and around the aircraft to verify the validity of the relevant aircraft documents and those of its crew members and the apparent condition of the aircraft and its equipment (for the purpose of this Article “ramp inspection”), provided such ramp inspection does not cause an unreasonable delay in the operation of operating the aircraft.
6. If the competent authorities of one Party, after carrying out a ramp inspection, find that:
(a) an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; and/or
(b) there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention; the competent authorities of that Party may, at their discretion, determine that the requirements under which the certificates or licences in respect of that aircraft or its crew members had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention. This The same determination may be made in the case of denial of access for ramp inspection.
78. The competent authorities of each Party Each Party, through its responsible aeronautical authorities, shall have the right, without consultation, right to withhold, take immediate action including the right to revoke, suspend or impose conditions on limit the operating authorisations or technical permissions or otherwise suspend or limit the operations of an airline of the other Party in the event the competent authorities of the first Party Party, if they conclude that it is necessary in view of an immediate action is essential threat to aviation safety. Where practicable, the safety of airline operationsParty taking such measures shall endeavour to consult the other Party beforehand.
89. Any action by the competent a Party or its responsible aeronautical authorities of one Party in accordance with paragraphs 4 5, 7 or 7 above 8 of this Article shall be discontinued once the basis for the taking of that action ceases to exist.
Appears in 3 contracts
Samples: Air Transport Agreement, Air Transport Agreement, Air Transport Agreement
Aviation safety. 1. The Parties reaffirm the importance of close cooperation in the field of aviation safety. In that context, the Parties shall, as appropriate, engage in their mutual relationsfurther cooperation in relation to accident investigation, act regulatory development, the exchange of safety information, the possible participation in conformity with each other's oversight activities or conducting joint oversight activities and the aviation safety provisions established by the International Civil Aviation Organization development of joint projects and designated as annexes to the Conventioninitiatives.
2. Each Party shall recognise as valid, for the purpose of operating the air services provided for in this Agreement, certificates Certificates of airworthiness, certificates of competency, and licences issued or validated by the competent authorities of the other Party and still in force, provided that the requirements for such certificates or licences are at least equal to the minimum standards which may be established pursuant to the Convention. Each Party may, however, refuse to recognise as valid for the purposes of flights above or landing within the flight information region under each other’s jurisdiction, certificates of competency and licences granted to issued or validated for its own citizens rendered valid by one Party and still in force shall be recognised as valid by the competent other Party and its aeronautical authorities for the purpose of operating air services, provided that such certificates or licences were issued or rendered valid pursuant to, and in conformity with, as a minimum, the other Partyrelevant international standards and recommended practices and procedures for air navigation services established under the Convention.
3. If the privileges or conditions of the licences or certificates referred to in paragraph 2 above, issued by the competent authorities of one Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the minimum standards established under the Convention, the other Each Party may request consultations between the competent authorities with a view to clarifying the practice in question.
4. Consultations at any time concerning the safety standards and requirements maintained and administered by the competent authorities of the other Party in areas relating to aeronautical facilities, crew membersflight crew, aircraft, aircraft and the operation of the designated airlines aircraft. Such consultations shall be held take place within 30 thirty (30) days of receipt of a request from either Party, or such other period as may be mutually determinedthe request.
4. If, following such consultations, the competent authorities of one requesting Party find finds that the competent authorities of the other Party do does not effectively maintain and administer safety standards and requirements in these the areas that referred to in paragraph 3 of this Article that, unless otherwise decided, are at least equal to the minimum standards established pursuant to the Convention, the competent authorities of the other Party shall be notified of such findings findings. The other Party shall submit a corrective action plan within thirty (30) days which will include a timeline for implementation. The corrective action plan and the steps considered necessary to conform with these minimum standardscorresponding timeline shall be agreed by the Parties before being implemented. Failure by the other Party to take appropriate corrective action within 30 days, or such other a reasonable period as may be accepted by the competent authorities of the Party that made the findings, time shall constitute grounds for withholdingthe requesting Party to refuse, revokingrevoke, suspending or imposing suspend, impose conditions on or limit the operating authorisations or technical permissions or to otherwise refuse, revoke, suspend, impose conditions on or limit the operations of an air carrier which is under the airlines designated by safety oversight of the other Party.
5. Each Party accepts that any aircraft operated by, or, where approved, or on behalf of, an airline air carrier of one Party, a Party may, while on within the ground within territory of the other Party, be the subject of an examination a ramp inspection by the competent authorities of the other Party, on board and around the aircraft to verify the validity of the relevant aircraft documents and those of its crew members and the apparent condition of the aircraft and its equipment (for the purpose of this Article “ramp inspection”)equipment, provided that such ramp inspection examination does not cause an unreasonable delay in the operation of the aircraft.
6. If the competent authorities of one a Party, after carrying out a ramp inspection, find that:
(a) finds that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; and/or
(b) there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention; the competent authorities of that Party may, at their discretion, determine that the requirements under which the certificates or licences in respect of that aircraft or its crew members had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards procedures for air navigation services established pursuant to the Convention. This same determination may be made in the case of denial of access for ramp inspection.
7. The competent authorities of each , that Party shall have notify the rightaircraft operator of such lack of compliance while requesting corrective action as deemed appropriate. Whenever appropriate, without consultation, to withhold, revoke, suspend or impose conditions on the authorisations of an airline of the other Party in the event the competent authorities of the first other Party conclude that are responsible for the safety oversight of the air carrier operating the aircraft may be requested to give their acceptance of the corrective action taken by the aircraft operator. Notwithstanding this, each Party will allow access to the results of ramp inspections performed on aircraft operators which are under the safety oversight of the other Party.
7. Each Party shall have the right to take immediate action including the right to revoke, suspend or limit the operating authorisations or technical permissions or to otherwise suspend or limit the operations of an air carrier of the other Party, if it concludes that it is essential necessary in view of an immediate threat to aviation safety. The Party taking such measures shall promptly inform the safety of airline operationsother Party, providing reasons for its action.
8. Any action by the competent authorities of one a Party in accordance with paragraphs 4 4, 6 or 7 above of this Article shall be necessary and proportionate to addressing a safety finding and shall be discontinued once the basis for the taking of that action ceases to exist.
Appears in 2 contracts
Aviation safety. (1. The Parties shall) Certificates of airworthiness, certificate of competency and licenses issued, or rendered valid, in their mutual relations, act in conformity accordance with the aviation safety provisions established rules and procedures of one Contracting Party, including, in the case of the Republic of Austria, the laws and regulations of the European Community, and still in force shall be recognized as valid by the International Civil Aviation Organization and designated as annexes to the Convention.
2. Each other Contracting Party shall recognise as valid, for the purpose of operating the air services provided for in this Agreement, certificates of airworthiness, certificates of competency, and licences issued or validated by the competent authorities of the other Party and still in forceagreed services, provided that the requirements for such certificates or licences and licenses are at least equal to or above the minimum standards which may be are established pursuant to the Convention. .
(2) Each Contracting Party mayreserves the right, however, to refuse to recognise as valid recognize, for the purposes purpose of flights above or landing within the flight information region under each other’s jurisdictionits own territory, certificates of competency and licences licenses granted to or validated for its own citizens nationals by the competent authorities of other Contracting Party or by the other PartyState.
(3. If the privileges or conditions of the licences or certificates referred to in paragraph 2 above, issued by the competent authorities of one Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the minimum standards established under the Convention, the other ) Each Contracting Party may request consultations between at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the competent authorities with a view to clarifying the practice in questionother Contracting Party. Such consultations shall take place within thirty (30) days of that request.
(4. Consultations concerning the safety standards and requirements maintained and administered by the competent authorities of the other Party relating to aeronautical facilities, crew members, aircraft, and operation of the designated airlines shall be held within 30 days of receipt of a request from either Party, or such other period as may be mutually determined. ) If, following such consultations, the competent authorities of one Contracting Party find finds that the competent authorities of the other Contracting Party do does not effectively maintain and administer safety standards and requirements in these areas any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the competent authorities of first Contracting Party shall notify the other Contracting Party shall be notified of such those findings and the steps considered necessary to conform with these those minimum standards, and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate corrective action within 30 days, fifteen (15) days or such other longer period as may be accepted by agreed, shall be grounds for the competent authorities application of Article 4 of this Agreement.
(5) Notwithstanding the obligations mentioned in Article 33 of the Party that made the findings, shall constitute grounds for withholding, revoking, suspending or imposing conditions on the authorisations of the airlines designated by the other Party.
5. Each Party accepts Convention it is agreed that any aircraft operated by, by or, where approvedunder the lease agreement, on behalf of, an of the airline or airlines of one Party, Contracting Party on services to or from the territory of another Contracting Party may, while on the ground within the territory of the other Contracting Party, be made the subject of an examination by the competent authorities authorized representatives of the other Contracting Party, on board and around the aircraft to verify check both the validity of the relevant aircraft documents and those of its crew members and the apparent condition of the aircraft and its equipment (for the purpose of in this Article called “ramp inspection”“), provided this does not lead to unreasonable delay.
(6) If any such ramp inspection does not cause an unreasonable delay in the operation or series of the aircraft.
6. If the competent authorities of one Party, after carrying out a ramp inspection, find thatinspections gives rise to:
(a) serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that the time pursuant to the Convention; and/or, or
(b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention; , the competent authorities Contracting Party carrying out the inspection shall, for the purposes of that Party mayArticle 33 of the Convention, at their discretion, determine be free to conclude that the requirements under which the certificates certificate or licences licenses in respect of that aircraft or its in respect of the crew members of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention. This same determination may .
(7) In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by, or, on behalf of the airline of one Contracting Party in accordance with paragraph (5) above is denied by the representative of that airline or airlines, the other Contracting Party shall be made free to infer that serious concerns of the type referred to in paragraph (6) above arise and draw the conclusions referred to in that paragraph.
(8) Each Contracting Party reserves the right to suspend or vary the operating authorization of an airline or airlines of the other Contracting Party immediately in the case event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection.
7. The competent authorities of each Party shall have the right, without consultationconsultations or otherwise, to withhold, revoke, suspend or impose conditions on the authorisations of an airline of the other Party in the event the competent authorities of the first Party conclude that immediate action is essential to the safety of an airline operationsoperation.
8. (9) Any action by the competent authorities of one Contracting Party in accordance with paragraphs 4 (4) or 7 (8) above shall be discontinued once the basis for the taking of that action ceases to exist.
(10) Where the Republic of Austria has designated an airline whose regulatory control is exercised and maintained by another European Community Member State, the rights of the other Contracting Party under this Article shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other European Community Member State and in respect of the operating authorisation of that airline.
Appears in 2 contracts
Samples: Air Services Agreement, Air Services Agreement
Aviation safety. 1. The Parties reaffirm the importance of close cooperation in the field of aviation safety. In that context, the Parties shall, as appropriate, engage in their mutual relationsfurther cooperation in relation to accident investigation, act regulatory development, the exchange of safety information, the possible participation in conformity with each other's oversight activities or conducting joint oversight activities and the aviation safety provisions established by the International Civil Aviation Organization development of joint projects and designated as annexes to the Conventioninitiatives.
2. Each Party shall recognise as valid, for the purpose of operating the air services provided for in this Agreement, certificates Certificates of airworthiness, certificates of competency, and licences issued or validated by the competent authorities of the other Party and still in force, provided that the requirements for such certificates or licences are at least equal to the minimum standards which may be established pursuant to the Convention. Each Party may, however, refuse to recognise as valid for the purposes of flights above or landing within the flight information region under each other’s jurisdiction, certificates of competency and licences granted to issued or validated for its own citizens rendered valid by one Party and still in force shall be recognised as valid by the competent other Party and its aeronautical authorities for the purpose of operating air services, provided that such certificates or licences were issued or rendered valid pursuant to, and in conformity with, as a minimum, the other Partyrelevant international standards and recommended practices and procedures for air navigation services established under the Convention.
3. If the privileges or conditions of the licences or certificates referred to in paragraph 2 above, issued by the competent authorities of one Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the minimum standards established under the Convention, the other Each Party may request consultations between the competent authorities with a view to clarifying the practice in question.
4. Consultations at any time concerning the safety standards and requirements maintained and administered by the competent authorities of the other Party in areas relating to aeronautical facilities, crew membersflight crew, aircraft, aircraft and the operation of the designated airlines aircraft. Such consultations shall be held take place within 30 days of receipt of a request from either Party, or such other period as may be mutually determinedthe request.
4. If, following such consultations, the competent authorities of one requesting Party find finds that the competent authorities of the other Party do does not effectively maintain and administer safety standards and requirements in these the areas that referred to in paragraph 3 that, unless otherwise decided, are at least equal to the minimum standards established pursuant to the Convention, the competent authorities of the other Party shall be notified of such findings findings. The other Party shall submit a corrective action plan within 30 days which will include a timeline for implementation. The corrective action plan and the steps considered necessary to conform with these minimum standardscorresponding timeline shall be agreed by the Parties before being implemented. Failure by the other Party to take appropriate corrective action within 30 days, or such other a reasonable period as may be accepted by the competent authorities of the Party that made the findings, time shall constitute grounds for withholdingthe requesting Party to refuse, revokingrevoke, suspending or imposing suspend, impose conditions on or limit the operating authorisations or technical permissions or to otherwise refuse, revoke, suspend, impose conditions on or limit the operations of an air carrier which is under the airlines designated by safety oversight of the other Party.
5. Each Party accepts that any aircraft operated by, or, where approved, or on behalf of, an airline air carrier of one Party, a Party may, while on within the ground within territory of the other Party, be the subject of an examination a ramp inspection by the competent authorities of the other Party, on board and around the aircraft Party to verify the validity of the relevant aircraft documents and those of its crew members and the apparent condition of the aircraft and its equipment (for the purpose of this Article “ramp inspection”)equipment, provided that such ramp inspection examination does not cause an unreasonable delay in the operation of the aircraft.
6. If the competent authorities of one a Party, after carrying out a ramp inspection, find that:
(a) finds that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; and/or
(b) there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention; the competent authorities of that Party may, at their discretion, determine that the requirements under which the certificates or licences in respect of that aircraft or its crew members had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards procedures for air navigation services established pursuant to the Convention. This same determination may be made in the case of denial of access for ramp inspection.
7. The competent authorities of each , that Party shall have notify the rightaircraft operator of such lack of compliance while requesting corrective action as deemed appropriate. Whenever appropriate, without consultation, to withhold, revoke, suspend or impose conditions on the authorisations of an airline of the other Party in the event the competent authorities of the first other Party conclude that are responsible for the safety oversight of the air carrier operating the aircraft may be requested to give their acceptance of the corrective action taken by the aircraft operator. Notwithstanding this, each Party will allow access to the results of ramp inspections performed on aircraft operators which are under the safety oversight of the other Party.
7. Each Party shall have the right to take immediate action including the right to revoke, suspend or limit the operating authorisations or technical permissions or to otherwise suspend or limit the operations of an air carrier of the other Party, if it concludes that it is essential necessary in view of an immediate threat to aviation safety. The Party taking such measures shall promptly inform the safety of airline operationsother Party, providing reasons for its action.
8. Any any action by the competent authorities of one a Party in accordance with paragraphs 4 paragraph 4, 6 or 7 above shall be necessary and proportionate to address a safety finding and shall be discontinued once the basis for the taking of that action ceases to exist.
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Samples: Air Transport Agreement
Aviation safety. 1. The Parties shallreaffirm the importance of close cooperation in the field of aviation safety. In that context, the Parties agree to engage in their mutual relationsfurther cooperation where appropriate, act notably the facilitation of the exchange of safety information, the possible participation in conformity each other’s oversight activities or the conduct of joint oversight activities, as well as the development of joint projects and initiatives, including with the aviation safety provisions established by the International Civil Aviation Organization and designated as annexes countries not party to the Conventionthis Agreement.
2. Each Party shall recognise as valid, for the purpose of operating the air services provided for in this Agreement, certificates Certificates of airworthiness, certificates of competency, and licences issued or validated rendered valid by the competent authorities of the other a Party and still in forceforce shall be recognised as valid by another Party and its competent authorities for the purpose of operating air services under this Agreement, provided that the requirements for such certificates or licences are at least equal to were issued or rendered valid pursuant to, and in conformity with, as a minimum, the minimum relevant international standards which may be established pursuant to under the Chicago Convention. Each Party may, however, refuse to recognise as valid for the purposes of flights above or landing within the flight information region under each other’s jurisdiction, certificates of competency and licences granted to or validated for its own citizens by the competent authorities of the other Party.
3. If the privileges or conditions of the licences or certificates referred to in paragraph 2 above, issued by the competent authorities of one Party to any person or designated airline or in respect of an aircraft used in the operation of the agreed services, should permit a difference from the minimum standards established under the Convention, the other Each Party may at any time request consultations between the competent authorities with a view to clarifying the practice in question.
4. Consultations concerning the safety standards and requirements maintained and administered by the competent authorities of the other another Party in areas relating to aeronautical facilities, crew membersflight crew, aircraft, and the operation of aircraft. Such consultations shall take place within thirty (30) days from the designated airlines shall be held within 30 days date of receipt of a request from either Party, or such other period as may be mutually determinedthe request.
4. If, following such consultationsconsultations referred to in paragraph 3 of this Article, the competent authorities of one requesting Party find finds that the competent authorities of the that other Party do does not effectively maintain and administer safety standards and requirements in these the areas referred to in paragraph 3 of this Article that are at least equal to the minimum standards established pursuant to the Chicago Convention, the competent authorities of the that other Party shall be notified of such findings and the steps considered necessary to conform with these minimum standards. Failure by that other Party to take appropriate corrective action within 30 days, fifteen (15) days from the date of receipt of such notification or such other an agreed time period as may be accepted by the competent authorities of the Party that made the findings, shall constitute grounds for withholdingthe requesting Party referred to in paragraph 3 of this Article to refuse, revokingrevoke, suspending suspend, impose conditions on, or imposing limit the operating authorisations or technical permissions of an air carrier which is under the safety oversight of that other Party, or to otherwise refuse, revoke, suspend, impose conditions on on, or limit the authorisations operations of an air carrier which is under the airlines designated by the safety oversight of that other Party.
5. Each Party accepts that any Any aircraft operated by, or, where approved, or on behalf of, an airline air carrier of one Party, a Party may, while on the ground within the other territory of another Party, be the subject of an examination a ramp inspection by the competent authorities of the that other Party, on board and around the aircraft to verify the validity of the relevant aircraft documents and those of its crew members and the apparent condition of the aircraft and its equipment (for the purpose of this Article “ramp inspection”)equipment, provided that such ramp inspection examination does not cause an unreasonable delay in the operation of the aircraft.
6. If the competent authorities of one a Party, after carrying out a ramp inspection, find that:
(a) finds that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; and/or
(b) Chicago Convention or that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Chicago Convention; , or if it is denied access for ramp inspection, that Party shall notify the competent authorities of that other Party maythat are responsible for the safety oversight of the air carrier operating the aircraft of such findings and the steps considered necessary to conform with these minimum standards. Failure to take appropriate corrective action within fifteen (15) days from the date of receipt of such notification or an agreed time period shall constitute grounds for the first Party to refuse, at their discretionrevoke, determine that the requirements under which the certificates or licences in respect of that aircraft or its crew members had been issued or rendered validsuspend, impose conditions on, or that limit the requirements under which that aircraft is operatedoperating authorisations or technical permissions of the air carrier operating the aircraft, are not equal or to otherwise refuse, revoke, suspend, impose conditions on, or above limit the minimum standards established pursuant to operations of the Convention. This same determination may be made in air carrier operating the case of denial of access for ramp inspectionaircraft.
7. The competent authorities of each Each Party shall have the right, without consultation, right to withhold, take immediate action including the right to revoke, suspend, or limit the operating authorisations or technical permissions of an air carrier of another Party, or to otherwise suspend or impose conditions on limit the authorisations operations of an airline air carrier of the another Party, if it concludes that such action is necessary in view of an immediate threat to aviation safety. The Party taking such measures shall promptly inform that other Party in the event the competent authorities of the first Party conclude that immediate action is essential to the safety of airline operationsand provide reasons for its action.
8. Any action by the competent authorities of one a Party in accordance with paragraphs 4 4, 6, or 7 above of this Article shall be discontinued once the basis for the taking of that action ceases to exist.
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