Common use of Aviation safety Clause in Contracts

Aviation safety. Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of that request. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards, and that other Contracting Party shall take appropriate action within fifteen (15) days or such longer period as may be agreed, shall be grounds for the application of Article 5 of this Agreement. Notwithstanding the obligations mentioned in Article 33 of the Convention it is agreed that any aircraft operated by or, under the lease agreement, on behalf of the airline or the airlines of one Contracting Party on services to or from the territory of another Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination by the authorized representatives of the other Contracting Party, on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called “ramp inspection”), provided this does not lead to unreasonable delay. If any such ramp inspection or series of ramp inspections gives rise to: serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at the time pursuant to the Convention, or serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that requirements under which the certificate or licenses in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, or not equal to or above the minimum standards established pursuant to the Convention. 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 3 of this Article is denied by the representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 of this Article arise and draw the conclusions referred to in that paragraph. Each Contracting Party reserves the right to suspend or vary the operating authorizations of an airline or airlines of the other Contracting Party immediately in the 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, consultations or otherwise, that immediate action is essential to the safety of an airline operation. Any action by one Contracting Party in accordance with paragraph 2 or 6 of this Article shall be discontinued once the basis for the taking of that action ceases to exist.

Aviation safety. 1. Each Contracting Party may request consultations at any time concerning the safety standards maintained by the other Contracting Party in any area relating to aircrewaeronautical facilities and services, flight crew, aircraft or their the operation adopted by the other Contracting Partyof aircraft. Such consultations shall take place be held within thirty (30) 30 days of that the request. 2. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and or administer safety standards in any such area the areas referred to in paragraph 1 of this article that are meet at least equal to the minimum standards established for that area at that time pursuant to the Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standardsstandards of the International Civil Aviation Organization (ICAO), and that other Contracting Party shall take appropriate corrective action within fifteen (15) days or such longer an agreed time period. Failure to take appropriate action within the agreed time period as may be agreed, shall be grounds for result in the application of Article 5 article 4 of this AgreementAgreement (Revocation, suspension or limitation of authorization). 3. Notwithstanding the obligations mentioned in Article 33 under article 16 of the Convention Convention, it is agreed that any aircraft operated by or, under the lease agreement, or on behalf of the airline or the airlines of one either Contracting Party on services to or from the State territory of another the other Contracting Party may, while within the territory of the other Contracting Partythat territory, be made the subject of to an examination (referred to in this article as a “ramp inspection”), provided this does not lead to unreasonable delay. This would be an inspection by the authorized representatives of the other Contracting Party, Party on board and around the aircraft aircraft. However, under the obligations pursuant to check article 33 of the Convention, the purpose of that inspection shall be to verify both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (equipment, in this Article called “ramp inspection”), provided this does not lead accordance with the standards in effect pursuant to unreasonable delaythe Convention. 4. If any such ramp inspection or series of ramp inspections gives give rise to: serious : (a) Serious concerns that about the compliance of an aircraft or the operation of an aircraft does not comply with the minimum standards established at the that time pursuant to the Convention, or serious ; or (b) Serious concerns that there is a lack of about the effective maintenance and administration of the safety standards established at that time pursuant to the Convention, the ; The Contracting Party carrying out the inspection shall, for the purposes of Article pursuant to article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses licences in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not above or not equal to or above the minimum standards established pursuant to the Convention. 5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by, or, on behalf of by the designated airline of one Contracting Party in accordance with paragraph 3 of this Article above is denied by the representative of that airline or airlinesairline, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 of this Article arise above have arisen and draw the conclusions referred to in that paragraph. 6. Each Contracting Party reserves the right to suspend or vary amend the operating authorizations authorization of an airline or airlines of the other Contracting Party immediately in the event that the first Contracting Party concludes, whether as a the result of a ramp inspection, a denial of access for a ramp inspection or series of ramp inspections, a denial of access for ramp inspection, consultations consultation or otherwise, that immediate action is essential to the safety of an airline operation. 7. Any action taken by one a Contracting Party in accordance with pursuant to paragraph 2 or 6 of this Article above shall be discontinued once the basis for the taking of that action ceases to exist.

Aviation safety. 1. Each Contracting Party may request consultations at any time concerning the safety standards maintained by the other Contracting Party in any area relating to aircrewaeronautical facilities and services, flight crew, aircraft or their the operation adopted by the other Contracting Partyof aircraft. Such consultations shall take place be held within thirty (30) 30 days of that receipt of the request. 2. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and or administer safety standards in any such area the areas referred to in paragraph 1 of this article that are meet at least equal to the minimum standards established for that area at that time pursuant to the Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standardsstandards of the International Civil Aviation Organization (ICAO), and that other Contracting Party shall take appropriate corrective action within fifteen (15) days or such longer an agreed time period. Failure to take appropriate action within the agreed time period as may be agreed, shall be grounds for result in the application of Article 5 article 4 of this AgreementAgreement (Revocation, suspension or limitation of authorization). 3. Notwithstanding the obligations mentioned in Article 33 under article 16 of the Convention Convention, it is agreed that any aircraft operated by or, under the lease agreement, or on behalf of the airline or the airlines of one either Contracting Party on services to or from the state territory of another the other Contracting Party may, while within the territory of the other Contracting Partythat territory, be made the subject of to an examination (referred to in this article as “ramp inspection”), provided this does not lead to unreasonable delay. This would be an inspection by the authorized representatives of the other Contracting Party, Party on board and around the aircraft aircraft. However, under the obligations mentioned in article 33 of the Convention, the purpose of this inspection shall be to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (equipment, in this Article called “ramp inspection”), provided this does not lead accordance with the standards in effect at that time pursuant to unreasonable delaythe Convention. 4. If any such ramp inspection or series of ramp inspections gives give rise to: serious : (a) Serious concerns that about the compliance of an aircraft or the operation of an aircraft does not comply with the minimum standards established at the that time pursuant to the Convention, or serious ; or (b) Serious concerns that there is a lack of about the effective maintenance and administration of the safety standards established at that time pursuant to the Convention, ; the Contracting Party carrying out the inspection shall, for the purposes of Article pursuant to article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses licences in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not above or not equal to or above the minimum standards established pursuant to the Convention. 5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by, or, on behalf of the by a designated airline of one Contracting Party in accordance with paragraph 3 of this Article above is denied by the representative of that airline or airlinesairline, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 of this Article above arise and draw the conclusions referred to in that paragraph. 6. Each Contracting Party reserves the right to suspend or vary the operating authorizations authorization of an the airline or airlines of the other Contracting Party immediately in the event that the first Contracting Party concludes, whether as a the result of a ramp inspection, a denial of access for a ramp inspection or series of ramp inspections, a denial of access for ramp inspection, consultations consultation or otherwise, that immediate action is essential to the safety of an airline operation. 7. Any action taken by one a Contracting Party in accordance with pursuant to paragraph 2 or 6 of this Article above shall be discontinued once the basis for the taking of that action ceases to exist.

Aviation safety. Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of that request. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards and requirements in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those thoese minimum standards, and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days or such longer an agreed time period as may be agreed, shall be grounds for the application of Article 5 4 of this Agreement. Notwithstanding the obligations mentioned in Article 33 of the Convention Convention, it is agreed that any aircraft operated by or, under the lease agreement, on behalf of the airline or the airlines of one Contracting Party on services to or from the territory of the another Party, the other Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination by the authorized representatives of the other Contracting Party, on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (in this Article called “"ramp inspection”"), provided this does not lead to unreasonable delay. If any such ramp inspection or series of ramp inspections gives rise to: serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at the that time pursuant to the Convention, ; or serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the Contracting Party carrying out the inspection shall, for the purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, or are not equal to or above the minimum standards established pursuant to the Convention. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by, or, on behalf of by the airline or airlines of one Contracting Party in accordance with paragraph 3 above of this Article is denied by the a representative of that airline or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 above of this Article arise and draw the conclusions referred to in that paragraph. Each Contracting Party reserves the right temporarily to suspend or vary the operating authorizations authorization of an airline or airlines of the other Contracting Party immediately in the 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, consultations consultation or otherwise, that immediate action is essential to the safety of an airline operation. Upon the exercise of this right, the first Contracting Party shall immediately notify the other Contracting Party of its action specifying the area of concern which prompted such action. Any action by one Contracting Party in accordance with paragraph paragraphs 2 or 6 above of this Article shall be discontinued immediately once the basis for the taking of that action ceases to exist.