Common use of Aviation safety Clause in Contracts

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 further cooperation in relation to accident investigation, regulatory development, the exchange of safety information, the possible participation in each other's oversight activities or conducting joint oversight activities and the development of joint projects and initiatives. 2. Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Party and still in force shall be recognised as valid by the 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 relevant international standards and recommended practices and procedures for air navigation services established under the Convention. 3. Each Party may request consultations at any time concerning the safety standards and requirements maintained and administered by the other Party in areas relating to aeronautical facilities, flight crew, aircraft and the operation of aircraft. Such consultations shall take place within 30 days of the request. 4. If, following such consultations, the requesting Party finds that the other Party does not effectively maintain and administer safety standards and requirements in the areas referred to in paragraph 3 that, unless otherwise decided, are at least equal to the minimum standards established pursuant to the Convention, the other Party shall be notified of such 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 corresponding timeline shall be agreed by the Parties before being implemented. Failure by the other Party to take appropriate corrective action within a reasonable period of time shall constitute grounds for the requesting Party to refuse, revoke, 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 safety oversight of the other Party. 5. Each Party accepts that any aircraft operated by, or on behalf of, an air carrier of a Party may, while within the territory of the other Party, be the subject of a ramp inspection by the competent 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 the operation of the aircraft. 6. If a Party, after carrying out a ramp inspection, finds that an aircraft or the operation of an aircraft does not comply with the minimum standards and procedures for air navigation services established pursuant to the Convention, that Party shall notify the aircraft operator of such lack of compliance while requesting corrective action as deemed appropriate. Whenever appropriate, the competent authorities of the other Party 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 necessary in view of an immediate threat to aviation safety. The Party taking such measures shall promptly inform the other Party, providing reasons for its action. 8. Any action by a Party in accordance with paragraph 4, 6 or 7 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 4 contracts

Sources: Agreement on Air Transport, Air Transport Agreement, Agreement on Air Transport

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, agree to engage in further cooperation in relation to accident investigationwhere appropriate, regulatory development, notably the facilitation of the exchange of safety information, the possible participation in each other's oversight activities or conducting the conduct of joint oversight activities and activities, as well as the development of joint projects and initiatives, including with countries not party to this Agreement. 2. Certificates of airworthiness, certificates of competency competency, and licences issued or rendered valid by one a Party and still in force shall be recognised as valid by the other another Party and its aeronautical competent authorities for the purpose of operating air servicesservices under this Agreement, provided that such certificates or licences were issued or rendered valid pursuant to, and in conformity with, as a minimum, the relevant international standards and recommended practices and procedures for air navigation services established under the Chicago Convention. 3. Each Party may request consultations at any time request consultations concerning the safety standards and requirements maintained and administered by the other another Party in areas relating to aeronautical facilities, flight crew, aircraft aircraft, and the operation of aircraft. Such consultations shall take place within 30 thirty (30) days from the date of receipt of the request. 4. If, following such consultationsconsultations referred to in paragraph 3 of this Article, the requesting Party finds that the that other Party does not effectively maintain and administer safety standards and requirements in the areas referred to in paragraph 3 that, unless otherwise decided, of this Article that are at least equal to the minimum standards established pursuant to the Chicago Convention, the that other Party shall be notified of such findings. The other Party shall submit a corrective action plan within 30 days which will include a timeline for implementation. The corrective action plan findings and the corresponding timeline shall be agreed by the Parties before being implementedsteps considered necessary to conform with these minimum standards. Failure by the that other Party to take appropriate corrective action within a reasonable fifteen (15) days from the date of receipt of such notification or an agreed time period of time shall constitute grounds for the requesting Party referred to in paragraph 3 of this Article to refuse, revoke, suspend, impose conditions on on, or 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 operations of an air carrier which is under the safety oversight of the that other Party. 5. Each Party accepts that any Any aircraft operated by, or on behalf of, an air carrier of a Party may, while within the territory of the other another Party, be the subject of a ramp inspection by the competent authorities of the that other Party 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 the operation of the aircraft. 6. If a Party, after carrying out a ramp inspection, finds that an aircraft or the operation of an aircraft does not comply with the minimum standards and procedures for air navigation services established pursuant to the Chicago Convention or that there is a lack of effective maintenance and administration of safety standards established pursuant to the Chicago Convention, or if it is denied access for ramp inspection, that Party shall notify the aircraft operator of such lack of compliance while requesting corrective action as deemed appropriate. Whenever appropriate, the competent authorities of the that other Party that are responsible for the safety oversight of the air carrier operating the aircraft may be requested of such findings and the steps considered necessary to give their acceptance 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, revoke, suspend, impose conditions on, or limit the operating authorisations or technical permissions of the corrective action taken by air carrier operating the aircraft operator. Notwithstanding thisaircraft, each Party will allow access or to otherwise refuse, revoke, suspend, impose conditions on, or limit the results of ramp inspections performed on aircraft operators which are under the safety oversight operations of the other Partyair carrier operating the aircraft. 7. Each Party shall have the right to take immediate action including the right to revoke, suspend suspend, or limit the operating authorisations or technical permissions of an air carrier of another Party, or to otherwise suspend or limit the operations of an air carrier of the other another Party, if it concludes that it such action is necessary in view of an immediate threat to aviation safety. The Party taking such measures shall promptly inform the that other Party, providing Party and provide reasons for its action. 8. Any action by a Party in accordance with paragraph paragraphs 4, 6 6, or 7 shall be necessary and proportionate to address a safety finding and of this Article shall be discontinued once the basis for the taking of that action ceases to exist.

Appears in 3 contracts

Sources: 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, in their mutual relations, act in conformity with the aviation safety provisions established by the International Civil Aviation Organization and designated as appropriate, engage in further cooperation in relation annexes to accident investigation, regulatory development, the exchange of safety information, the possible participation in each other's oversight activities or conducting joint oversight activities and the development of joint projects and initiativesConvention. 2. Certificates 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 or rendered valid by the competent authorities of one Party and still to any person or designated airline or in force shall be recognised as valid by respect of an aircraft used in the other Party and its aeronautical authorities for operation of the purpose of operating air agreed services, provided that such certificates or licences were issued or rendered valid pursuant to, and in conformity with, as should permit a minimum, difference from the relevant international minimum standards and recommended practices and procedures for air navigation services established under the Convention. 3. Each , the other Party may request consultations at any time 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 in areas relating to aeronautical facilities, flight crewcrew members, aircraft aircraft, and the operation of aircraft. Such consultations the designated airlines shall take place be held within 30 days of the request. 4receipt of a request from either Party, or such other period as may be mutually determined. If, following such consultations, the requesting competent authorities of one Party finds find that the competent authorities of the other Party does do not effectively maintain and administer safety standards and requirements in the these areas referred to in paragraph 3 that, unless otherwise decided, 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. The other Party shall submit a corrective action plan within 30 days which will include a timeline for implementation. The corrective action plan findings and the corresponding timeline shall be agreed by the Parties before being implementedsteps considered necessary to conform with these minimum standards. Failure by the other Party to take appropriate corrective action within a reasonable 30 days, or such other period as may be accepted by the competent authorities of time the Party that made the findings, shall constitute grounds for the requesting Party to refusewithholding, revokerevoking, suspend, impose suspending or imposing conditions on or limit the operating authorisations or technical permissions or to otherwise refuse, revoke, suspend, impose conditions on or limit of the operations of an air carrier which is under the safety oversight of airlines designated by the other Party. 5. Each Party accepts that any aircraft operated by, or or, where approved, on behalf of, an air carrier airline of a Party one Party, may, while on the ground within the territory of the other Party, be the subject of a ramp inspection an examination by the competent authorities of the other Party 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 equipmentequipment (for the purpose of this Article “ramp inspection”), provided that such examination ramp inspection does not cause an unreasonable delay in the operation of the aircraft. 6. If a the competent authorities of one Party, after carrying out a ramp inspection, finds that 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 procedures for air navigation services 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, that . This same determination may be made in the case of denial of access for ramp inspection. 7. The competent authorities of each Party shall notify have the aircraft operator right, without consultation, to withhold, revoke, suspend or impose conditions on the authorisations of such lack an airline of compliance while requesting corrective action as deemed appropriate. Whenever appropriate, the other Party in the event the competent authorities of the other first Party conclude that are responsible for immediate action is essential to 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 necessary in view of an immediate threat to aviation safety. The Party taking such measures shall promptly inform the other Party, providing reasons for its actionairline operations. 8. Any action by a the competent authorities of one Party in accordance with paragraph 4, 6 paragraphs 4 or 7 shall be necessary and proportionate to address a safety finding and above shall be discontinued once the basis for the taking of that action ceases to exist.

Appears in 3 contracts

Sources: 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, shall engage in further cooperation including in relation to accident investigationair operations, regulatory developmentnotably to allow the sharing of information which may have an impact on the safety of international air navigation, the exchange of safety information, the possible participation in each other's oversight activities or conducting joint oversight activities in the field of aviation safety and the development of joint projects and initiatives, including with third countries. This cooperation shall be developed in 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. 2. Certificates of airworthiness, certificates of competency and licences licences, issued or rendered valid by one Party 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 force, shall be recognised as valid by the other Party and its aeronautical authorities for the purpose of operating the air services, provided that such certificates or licences were issued or rendered valid pursuant to, and in conformity with, as a minimum, the relevant international standards and recommended practices and procedures for air navigation services established under the Convention. 3. Each If the privileges or conditions of the licences or certificates referred to in paragraph 2 above, issued by the aeronautical authorities of one Party to any person or airline or in respect of an aircraft used in the operation of the air services, should permit a difference 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 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. 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 other Party in areas relating to those aeronautical facilities, flight crew, aircraft and the operation of aircraft. Such consultations shall take place within 30 days of the request. 4authorities. If, following such consultations, the requesting Party finds or its responsible aeronautical authorities find that the other Party does or its responsible aeronautical authorities do not effectively maintain and administer safety standards and requirements in the areas referred to in paragraph 3 these areas, that, unless otherwise decided, are at least equal to the minimum standards established pursuant to the Convention, the other Party or its responsible aeronautical authorities shall be notified of such findings. The other Party shall submit a corrective action plan within 30 days which will include a timeline for implementation. The corrective action plan findings and the corresponding timeline shall be agreed by the Parties before being implementedsteps considered necessary to conform with these minimum standards. Failure by the other Party or its responsible aeronautical authorities to take appropriate corrective action within a reasonable fifteen (15) days, or such other period of time as may be decided, shall constitute grounds for the requesting Party or its responsible aeronautical authorities to refuse, revoke, suspend, impose conditions on suspend or limit the operating authorisations or technical permissions or to otherwise refuse, revoke, suspend, impose conditions on suspend or limit the operations of an air carrier which is under airline, the safety oversight of which is the responsibility of the other PartyParty or its responsible aeronautical authorities. 56. Each Party accepts that any aircraft operated byby or, or on behalf of, an air carrier airline of a Party one Party, may, while within the territory of the other Party, be the subject of a ramp inspection by the competent aeronautical authorities of the other Party Party, to verify the validity of the relevant aircraft documents 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 the operation of the aircraft. 67. If a the aeronautical authorities of one Party, after carrying out a ramp inspection, finds 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 procedures for air navigation services administration of safety standards established at that time pursuant to the Convention, the aeronautical authorities of that Party shall notify the aircraft operator of such lack of compliance while requesting corrective action as deemed appropriate. Whenever appropriate, the competent aeronautical authorities of the other Party that are responsible for the safety oversight of the air carrier 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 fifteen (15) days shall constitute grounds for revoking, suspending or limiting the operating authorisations or technical permissions or to otherwise suspend or limit the operations of the airline operating the aircraft. The same determination may be requested to give their acceptance made in the case of the corrective action taken by the aircraft operator. Notwithstanding this, each Party will allow denial of access to the results of for ramp inspections performed on aircraft operators which are under the safety oversight of the other Partyinspection. 78. Each Party Party, through its responsible aeronautical authorities, 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 airline of the other Party, if it concludes they conclude that it is necessary in view of an immediate threat to aviation safety. The Where practicable, the Party taking such measures shall promptly inform endeavour to consult the other Party, providing reasons for its actionParty beforehand. 89. Any action by a Party or its responsible aeronautical authorities in accordance with paragraph 4paragraphs 5, 6 7 or 7 shall be necessary and proportionate to address a safety finding and 8 of this Article shall be discontinued once the basis for the taking of that action ceases to exist.

Appears in 3 contracts

Sources: 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 further cooperation in relation to accident investigation, regulatory development, the exchange of safety information, the possible participation in each other's oversight activities or conducting joint oversight activities and the development of joint projects and initiatives. 2. Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Party and still in force shall be recognised as valid by the 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 relevant international standards and recommended practices and procedures for air navigation services established under the Convention. 3. Each Party may request consultations at any time concerning the safety standards and requirements maintained and administered by the other Party in areas relating to aeronautical facilities, flight crew, aircraft and the operation of aircraft. Such consultations shall take place within 30 thirty (30) days of the request. 4. If, following such consultations, the requesting Party finds that the other Party does not effectively maintain and administer safety standards and requirements in the areas 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 other Party shall be notified of such findings. The other Party shall submit a corrective action plan within 30 thirty (30) days which will include a timeline for implementation. The corrective action plan and the corresponding timeline shall be agreed by the Parties before being implemented. Failure by the other Party to take appropriate corrective action within a reasonable period of time shall constitute grounds for the requesting Party to refuse, revoke, 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 safety oversight of the other Party. 5. Each Party accepts that any aircraft operated by, or on behalf of, an air carrier of a Party may, while within the territory of the other Party, be the subject of a ramp inspection by the competent authorities of the other Party 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 the operation of the aircraft. 6. If a Party, after carrying out a ramp inspection, finds that an aircraft or the operation of an aircraft does not comply with the minimum standards and procedures for air navigation services established pursuant to the Convention, that Party shall notify the aircraft operator of such lack of compliance while requesting corrective action as deemed appropriate. Whenever appropriate, the competent authorities of the other Party 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 necessary in view of an immediate threat to aviation safety. The Party taking such measures shall promptly inform the other Party, providing reasons for its action. 8. Any action by a Party in accordance with paragraph paragraphs 4, 6 or 7 of this Article shall be necessary and proportionate to address addressing a safety finding and shall be discontinued once the basis for the taking of that action ceases to exist.

Appears in 2 contracts

Sources: 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 further cooperation in relation to accident investigation, regulatory development, the exchange of safety information, the possible participation in each other's oversight activities or conducting joint oversight activities and the development of joint projects and initiatives. 2. Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Party and still in force shall be recognised as valid by the 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 relevant international standards and recommended practices and procedures for air navigation services established under the Convention. 3. Each Contracting Party may request consultations at any time concerning the safety standards and requirements maintained and administered by the other Contracting Party in areas any area relating to aeronautical facilitiesfacilities and services, flight crew, aircraft and or the operation of aircraft. Such consultations shall take place be held within 30 days of receipt of the request. 42. If, following such consultations, the requesting one Contracting Party finds that the other Contracting Party does not effectively maintain and or administer safety standards and requirements in the areas referred to in paragraph 3 that, unless otherwise decided, are 1 of this article that meet at least equal to the minimum standards established for that area at that time pursuant to the Convention, the other first Contracting Party shall be notified notify the other Contracting Party of such findings. The those findings and the steps considered necessary to conform with those minimum standards of the International Civil Aviation Organization (ICAO), and that other Contracting Party shall submit a corrective action plan within 30 days which will include a timeline for implementation. The corrective action plan and the corresponding timeline shall be agreed by the Parties before being implemented. Failure by the other Party to take appropriate corrective action within a reasonable an agreed time period. Failure to take appropriate action within the agreed time period may result in the application of time shall constitute grounds for article 4 of this Agreement (Revocation, suspension or limitation of authorization). 3. Notwithstanding the requesting Party to refuse, revoke, 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 obligations under the safety oversight article 16 of the other Party. 5. Each Party accepts Convention, it is agreed that any aircraft operated by, by or on behalf of, an air carrier of a the airline of either Contracting Party on services to or from the state territory of the other Contracting Party may, while within that territory, be subject 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 territory authorized representatives of the other PartyContracting Party on board and around the aircraft. However, be under the subject of a ramp inspection by the competent authorities obligations mentioned in article 33 of the other Party Convention, the purpose of this inspection shall be 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, provided in accordance with the standards in effect at that such examination does not cause an unreasonable delay in time pursuant to the operation of the aircraftConvention. 64. If a Party, after carrying out a any such ramp inspection, finds that inspection or series of ramp inspections give rise to: (a) Serious concerns about the compliance of an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention; or (b) Serious concerns about the effective maintenance and procedures for air navigation services administration of the safety standards established at that time pursuant to the Convention; the Contracting Party carrying out the inspection shall, pursuant to article 33 of the Convention, be free to conclude that the requirements under which the certificate or 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 equal to the minimum standards established pursuant to the Convention, . 5. In the event that Party shall notify the aircraft operator of such lack of compliance while requesting corrective action as deemed appropriate. Whenever appropriate, the competent authorities of the other Party that are responsible access for the safety oversight purpose 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 undertaking a 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 inspection of an air carrier of the other Party, if it concludes that it is necessary in view of an immediate threat to aviation safety. The Party taking such measures shall promptly inform the other Party, providing reasons for its action. 8. Any action aircraft operated by a designated airline of one Contracting Party in accordance with paragraph 43 above is denied by the representative of that airline, 6 or 7 the other Contracting Party shall be necessary free to infer that serious concerns of the type referred to in paragraph 4 above arise and proportionate draw the conclusions referred in that paragraph. 6. Each Contracting Party reserves the right to address suspend or vary the operating authorization of the airline of the other Contracting Party immediately in the event that the first Contracting Party concludes, whether as the result of a ramp inspection, a denial of access for a ramp inspection or series of ramp inspections, a consultation or otherwise, that immediate action is essential to the safety finding and of an airline operation. 7. Any action taken by a Contracting Party pursuant to paragraph 2 or 6 above shall be discontinued once the basis for the taking of that action ceases to exist.

Appears in 1 contract

Sources: Agreement on Air Transport

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 further cooperation in relation to accident investigation, regulatory development, the exchange of safety information, the possible participation in each other's oversight activities or conducting joint oversight activities and the development of joint projects and initiatives. 2. Certificates of airworthiness, certificates of competency and licences issued or rendered valid by one Party and still in force shall be recognised as valid by the 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 relevant international standards and recommended practices and procedures for air navigation services established under the Convention. 3. Each Party may request consultations at any time concerning the safety standards and requirements maintained and administered by the other Party in areas relating to aeronautical facilities, flight crew, aircraft and the operation of aircraft. Such consultations shall take place within 30 days of the request. 4. If, following such consultations, the requesting Party finds that the other Party does not effectively maintain and administer safety standards and requirements in the areas referred to in paragraph 3 that, unless otherwise decided, are at least equal to the minimum standards established pursuant to the Convention, the other Party shall be notified of such 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 corresponding timeline shall be agreed by the Parties before being implemented. Failure by the other Party to take appropriate corrective action within a reasonable period of time shall constitute grounds for the requesting Party to refuse, revoke, 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 safety oversight of the other Party. 5. Each Party accepts that any aircraft operated by, or on behalf of, an air carrier of a Party may, while within the territory of the other Party, be the subject of a ramp inspection by the competent 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 the operation of the aircraft. 6. If a Party, after carrying out a ramp inspection, finds that an aircraft or the operation of an aircraft does not comply with the minimum standards and procedures for air navigation services established pursuant to the Convention, that Party shall notify the aircraft operator of such lack of compliance while requesting corrective action as deemed appropriate. Whenever appropriate, the competent authorities of the other Party 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 necessary in view of an immediate threat to aviation safety. The Party taking such measures shall promptly inform the other Party, providing reasons for its action. 8. Any any action by a Party in accordance with paragraph 4, 6 or 7 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 1 contract

Sources: 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, agree to engage in further cooperation in relation to accident investigationwhere appropriate, regulatory development, notably the facilitation of the exchange of safety information, the possible participation in each other's ’s oversight activities or conducting the conduct of joint oversight activities and activities, as well as the development of joint projects and initiatives, including with countries not party to this Agreement. 2. Certificates of airworthiness, certificates of competency competency, and licences issued or rendered valid by one a Party and still in force shall be recognised as valid by the other another Party and its aeronautical competent authorities for the purpose of operating air servicesservices under this Agreement, provided that such certificates or licences were issued or rendered valid pursuant to, and in conformity with, as a minimum, the relevant international standards and recommended practices and procedures for air navigation services established under the Chicago Convention. 3. Each Party may request consultations at any time request consultations concerning the safety standards and requirements maintained and administered by the other another Party in areas relating to aeronautical facilities, flight crew, aircraft aircraft, and the operation of aircraft. Such consultations shall take place within 30 thirty (30) days from the date of receipt of the request. 4. If, following such consultationsconsultations referred to in paragraph 3 of this Article, the requesting Party finds that the that other Party does not effectively maintain and administer safety standards and requirements in the areas referred to in paragraph 3 that, unless otherwise decided, of this Article that are at least equal to the minimum standards established pursuant to the Chicago Convention, the that other Party shall be notified of such findings. The other Party shall submit a corrective action plan within 30 days which will include a timeline for implementation. The corrective action plan findings and the corresponding timeline shall be agreed by the Parties before being implementedsteps considered necessary to conform with these minimum standards. Failure by the that other Party to take appropriate corrective action within a reasonable fifteen (15) days from the date of receipt of such notification or an agreed time period of time shall constitute grounds for the requesting Party referred to in paragraph 3 of this Article to refuse, revoke, suspend, impose conditions on on, or 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 operations of an air carrier which is under the safety oversight of the that other Party. 5. Each Party accepts that any Any aircraft operated by, or on behalf of, an air carrier of a Party may, while within the territory of the other another Party, be the subject of a ramp inspection by the competent authorities of the that other Party 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 the operation of the aircraft. 6. If a Party, after carrying out a ramp inspection, finds that an aircraft or the operation of an aircraft does not comply with the minimum standards and procedures for air navigation services established pursuant to the Chicago Convention or that there is a lack of effective maintenance and administration of safety standards established pursuant to the Chicago Convention, or if it is denied access for ramp inspection, that Party shall notify the aircraft operator of such lack of compliance while requesting corrective action as deemed appropriate. Whenever appropriate, the competent authorities of the that other Party that are responsible for the safety oversight of the air carrier operating the aircraft may be requested of such findings and the steps considered necessary to give their acceptance 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, revoke, suspend, impose conditions on, or limit the operating authorisations or technical permissions of the corrective action taken by air carrier operating the aircraft operator. Notwithstanding thisaircraft, each Party will allow access or to otherwise refuse, revoke, suspend, impose conditions on, or limit the results of ramp inspections performed on aircraft operators which are under the safety oversight operations of the other Partyair carrier operating the aircraft. 7. Each Party shall have the right to take immediate action including the right to revoke, suspend suspend, or limit the operating authorisations or technical permissions of an air carrier of another Party, or to otherwise suspend or limit the operations of an air carrier of the other another Party, if it concludes that it such action is necessary in view of an immediate threat to aviation safety. The Party taking such measures shall promptly inform the that other Party, providing Party and provide reasons for its action. 8. Any action by a Party in accordance with paragraph paragraphs 4, 6 6, or 7 shall be necessary and proportionate to address a safety finding and of this Article shall be discontinued once the basis for the taking of that action ceases to exist.

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Sources: Comprehensive Air Transport Agreement