Common use of Aviation safety Clause in Contracts

Aviation safety. 1. Subject to the transitional provisions set out in Annex III to this Agreement, the Parties shall act in conformity with their respective legislation concerning the requirements and standards relating to aviation safety specified in Part C of Annex I to this Agreement, under the conditions set out hereafter. 2. While maintaining to carry out functions and tasks of the State of design, manufacture, registration and operator, as provided by the Convention, Ukraine shall incorporate in its legislation and effectively implement the requirements and standards referred to in paragraph 1 of this Article, in accordance with the transitional provisions stipulated in Annex III to this Agreement. 3. The Parties shall cooperate to ensure the effective implementation by Ukraine of its legislation adopted with the aim to incorporate the requirements and standards referred to in paragraph 1 of this Article. To this purpose, Ukraine shall be involved in the work of the EASA as an observer from the date of entry into force of this Agreement, as provided for in Annex VI to this Agreement 4. To ensure operating of agreed services under sub-paragraphs 1(a), (b), (c) and (d) of Article 16 (Grant of Rights) of this Agreement, each Party shall recognize as valid certificates of airworthiness, certificates of competency and licences issued or validated by the other Party and still in force, provided that the requirements for such certificates or licences at least equal to the minimum standards that may be established pursuant to the Convention. 5. The recognition by the EU Member States of certificates issued by Ukraine referred to in Annex IV, section I to this Agreement shall be decided in accordance with the provisions stipulated in Annex III to this Agreement. 6. The Parties shall cooperate towards the convergence of certification systems in the areas of initial and continuing airworthiness. 7. The Parties shall ensure that aircraft registered in one Party suspected of non-compliance with international aviation safety standards established pursuant to the Convention and landing at airports open to international air traffic in the territory of the other Party shall be subject to ramp inspections by the competent authorities of that other 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. 8. The Parties shall exchange information, including on any findings, identified during ramp inspections carried out in accordance with paragraph 7 of this Article through the relevant means. 9. The competent authorities of a Party may request consultations with the competent authorities of the other Party at any time concerning the safety standards maintained by the other Party, including in areas other than those covered by the acts referred to in Annex I to this Agreement, or on findings, identified during the ramp inspections. Such consultations shall take place within thirty (30) days of that request. 10. Nothing in this Agreement shall be construed so as to limit the authority of a Party to take all appropriate and immediate measures whenever it ascertains that an aircraft, a product or an operation may: (a) fail to satisfy the minimum standards established pursuant to the Convention or the requirements and standards specified in Part C of Annex I to this Agreement, whichever is applicable; (b) give rise to serious concerns – established through an inspection referred to in paragraph 7 of this Article – that an aircraft or the operation of an aircraft does not comply with the minimum standards established pursuant to the Convention or the requirements and standards specified in Part C of Annex I to this Agreement, whichever is applicable; or (c) give rise to serious concerns that there is a lack of effective maintenance and administration of minimum standards established pursuant to the Convention or the requirements and standards specified in Part C of Annex I to this Agreement, whichever is applicable. 11. Where a Party takes action under paragraph 10 of this Article, it shall promptly inform the competent authorities of the other Party of taking such action, providing reasons for its action. 12. Where measures taken in application of paragraph 10 of this Article are not discontinued even though the basis for taking them has ceased to exist, either Party may refer the matter to the Joint Committee. 13. Any amendments to national law with respect to the status of the competent authorities of Ukraine or any competent authority of the EU Member States shall be notified, without delay, by the Party concerned to the other Parties.

Aviation safety. 1. Subject to the transitional provisions set out in Annex III to this Agreement, the Parties shall act in conformity with their respective legislation concerning the requirements and standards relating to aviation safety specified in Annex I, Part C of Annex I C, to this Agreement, Agreement under the conditions set out hereafterin this Article. 2. While maintaining continuing to carry out functions and tasks of the State of design, manufacture, registration and operator, as provided by the Convention, Ukraine shall incorporate in its legislation and effectively implement the requirements and standards referred to in paragraph 1 of this Article, in accordance with the transitional provisions stipulated in Annex III to this Agreement. 3. The Parties shall cooperate to ensure the effective implementation by Ukraine of its legislation adopted with the aim to incorporate of incorporating the requirements and standards referred to in paragraph 1 of this Article. To For this purpose, Ukraine shall be involved in the work of the EASA as an observer from the date of entry into force of this Agreement, as provided for in Annex VI to this Agreement. 4. To ensure operating of agreed services under sub-paragraphs 1(apoints (a), (b), (c) and (d) of Article 16 (Grant of Rights16(1) of this Agreement, each Party shall recognize recognise as valid certificates of airworthiness, certificates of competency and licences issued or validated by the other Party and still in force, provided that the requirements for such certificates or licences at least equal to the minimum standards that may be established pursuant to the Convention. 5. The recognition by the EU Member States of certificates issued by Ukraine referred to in Annex IV, section I Section 1, to this Agreement shall be decided in accordance with the provisions stipulated in Annex III to this Agreement. 6. The Parties shall cooperate towards the convergence of certification systems in the areas of initial and continuing airworthiness. 7. The Parties shall ensure that aircraft registered in one Party suspected of non-compliance with international aviation safety standards established pursuant to the Convention and landing at airports open to international air traffic in the territory of the other Party shall be subject to ramp inspections by the competent authorities of that other 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. 8. The Parties shall exchange information, including on any findings, identified during ramp inspections carried out in accordance with paragraph 7 of this Article through the relevant means. 9. The competent authorities of a Party may request consultations with the competent authorities of the other Party at any time concerning the safety standards maintained by the other Party, including in areas other than those covered by the acts referred to in Annex I to this Agreement, or on findings, identified during the ramp inspections. Such consultations shall take place within thirty (30) 30 days of that request. 10. Nothing in this Agreement shall be construed so as to limit the authority of a Party to take all appropriate and immediate measures whenever it ascertains that an aircraft, a product or an operation may: (a) fail to satisfy the minimum standards established pursuant to the Convention or the requirements and standards specified in Annex I, Part C of Annex I C, to this Agreement, Agreement whichever is applicable; (b) give rise to serious concerns – established through an inspection referred to in paragraph 7 of this Article – that an aircraft or the operation of an aircraft does not comply with the minimum standards established pursuant to the Convention or the requirements and standards specified in Annex I, Part C of Annex I C, to this Agreement, Agreement whichever is applicable; or (c) give rise to serious concerns that there is a lack of effective maintenance and administration of minimum standards established pursuant to the Convention or the requirements and standards specified in Annex I, Part C of Annex I C, to this Agreement, Agreement whichever is applicable. 11. Where a Party takes action under paragraph 10 of this Article, it shall promptly inform the competent authorities of the other Party of taking such action, providing reasons for its action. 12. Where measures taken in application of paragraph 10 of this Article are not discontinued even though the basis for taking them has ceased to exist, either Party may refer the matter to the Joint Committee. 13. Any amendments to national law with respect to the status of the competent authorities of Ukraine or any competent authority of the EU Member States shall be notified, without delay, by the Party concerned to the other Parties.

Aviation safety. (1. Subject to the transitional provisions set out in Annex III to this Agreement, the Parties shall act in conformity with their respective legislation concerning the requirements and standards relating to aviation safety specified in Part C of Annex I to this Agreement, under the conditions set out hereafter. 2. While maintaining to carry out functions and tasks of the State of design, manufacture, registration and operator, as provided by the Convention, Ukraine shall incorporate in its legislation and effectively implement the requirements and standards referred to in paragraph 1 of this Article, in accordance with the transitional provisions stipulated in Annex III to this Agreement. 3. The Parties shall cooperate to ensure the effective implementation by Ukraine of its legislation adopted with the aim to incorporate the requirements and standards referred to in paragraph 1 of this Article. To this purpose, Ukraine shall be involved in the work of the EASA as an observer from the date of entry into force of this Agreement, as provided for in Annex VI to this Agreement 4. To ensure operating of agreed services under sub-paragraphs 1(a), (b), (c) and (d) of Article 16 (Grant of Rights) of this Agreement, each Party shall recognize as valid certificates of airworthiness, certificates of competency and licences issued or validated by the other Party and still in force, provided that the requirements for such certificates or licences at least equal to the minimum standards that may be established pursuant to the Convention. 5. The recognition by the EU Member States of certificates issued by Ukraine referred to in Annex IV, section I to this Agreement shall be decided in accordance with the provisions stipulated in Annex III to this Agreement. 6. The Parties shall cooperate towards the convergence of certification systems in the areas of initial and continuing airworthiness. 7. The Parties shall ensure that aircraft registered in one Party suspected of non-compliance with international aviation safety standards established pursuant to the Convention and landing at airports open to international air traffic in the territory of the other Party shall be subject to ramp inspections by the competent authorities of that other 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. 8. The Parties shall exchange information, including on any findings, identified during ramp inspections carried out in accordance with paragraph 7 of this Article through the relevant means. 9. The competent authorities of a Each Contracting Party may request consultations with the competent authorities of the other Party at any time concerning the safety standards maintained by the other Party, including Contracting Party in areas other than those covered by relating to aeronautical facilities, flight crew, aircraft and the acts referred to in Annex I to this Agreement, or on findings, identified during the ramp inspectionsoperation of aircraft. Such consultations shall take place within thirty (30) days of that request. 10. Nothing (2) If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in this Agreement shall be construed so as the areas referred to limit in paragraph (1) that meet the authority of a Party to take all appropriate and immediate measures whenever it ascertains Standards established at that an aircraft, a product or an operation may: (a) fail to satisfy the minimum standards established time pursuant to the Convention or on International Civil Aviation, the requirements other Contracting Party shall be informed of such findings and standards specified in Part C of Annex I the steps considered necessary to this Agreement, whichever is applicable;conform with the ICAO Standards. The other Contracting Party shall then take appropriate corrective action within an agreed time period. (b3) give rise Pursuant to serious concerns – established through Article (16) of the Convention, it is further agreed that, any aircraft operated by, or on behalf of an inspection referred airline of one Contracting Party, on service to or from the territory of another Contracting Party, may, while within the territory of the other Contracting Party be the subject of a search by the authorized representatives of the other Contracting Party, provided this does not cause unreasonable delay in paragraph 7 of this Article – that an aircraft or the operation of an the aircraft. Notwithstanding the obligations mentioned in Article (33) of the Chicago Convention, the purpose of this search is to verify the validity of the relevant aircraft does not comply with documentation, the minimum standards licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform to the Standards established at that time pursuant to the Convention or the requirements and standards specified in Part C of Annex I to this Agreement, whichever is applicable; orConvention. (c4) give rise When urgent action is essential to serious concerns that there is a lack ensure the safety of effective maintenance and administration an airline operation, each Contracting Party reserves the right to immediately suspend or vary the operating authorization of minimum standards established pursuant to the Convention an airline or the requirements and standards specified in Part C of Annex I to this Agreement, whichever is applicable. 11. Where a Party takes action under paragraph 10 of this Article, it shall promptly inform the competent authorities airlines of the other Party of taking such action, providing reasons for its actionContracting Party. 12. Where measures taken (5) Any action by one Contracting Party in application of accordance with paragraph 10 of this Article are not (4) above shall be discontinued even though once the basis for the taking them has ceased of that action ceases to exist, either Party may refer the matter to the Joint Committee. 13(6) With reference to paragraph (2), if it is determined that one Contracting Party remains in non-compliance with ICAO Standards when the agreed time period has elapsed, the Secretary General of ICAO should be advised thereof. Any amendments to national law with respect to the status The latter should also be advised of the competent authorities of Ukraine or any competent authority subsequent satisfactory resolution of the EU Member States shall be notified, without delay, by the Party concerned to the other Partiessituation.

Aviation safety. 1. Subject to the transitional provisions set out in Annex III to this Agreement, the Parties shall act in conformity with their respective legislation concerning the requirements and standards relating to aviation safety specified in Part C of Annex I to this Agreement, under the conditions set out hereafter. 2. While maintaining to carry out functions and tasks of the State of design, manufacture, registration and operator, as provided by the Convention, Ukraine shall incorporate in its legislation and effectively implement the requirements and standards referred to in paragraph 1 of this Article, in accordance with the transitional provisions stipulated in Annex III to this Agreement. 3. The Parties shall cooperate to ensure the effective implementation by Ukraine of its legislation adopted with the aim to incorporate the requirements and standards referred to in paragraph 1 of this Article. To this purpose, Ukraine shall be involved in the work of the EASA as an observer from the date of entry into force of this Agreement, as provided for in Annex VI to this Agreement 4. To ensure operating of agreed services under sub-paragraphs 1(a), (b), (c) and (d) of Article 16 (Grant of Rights) of this Agreement, each Party shall recognize as valid certificates of airworthiness, certificates of competency and licences issued or validated by the other Party and still in force, provided that the requirements for such certificates or licences at least equal to the minimum standards that may be established pursuant to the Convention. 5. The recognition by the EU Member States of certificates issued by Ukraine referred to in Annex IV, section I to this Agreement shall be decided in accordance with the provisions stipulated in Annex III to this Agreement. 6. The Parties shall cooperate towards the convergence of certification systems in the areas of initial and continuing airworthiness. 7. The Parties shall ensure that aircraft registered in one Party suspected of non-compliance with international aviation safety standards established pursuant to the Convention and landing at airports open to international air traffic in the territory of the other Party shall be subject to ramp inspections by the competent authorities of that other 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. 8. The Parties shall exchange information, including on any findings, identified during ramp inspections carried out in accordance with paragraph 7 of this Article through the relevant means. 9. The competent authorities of a Each Contracting Party may request consultations with the competent authorities of the other Party at any time concerning the safety standards maintained by the other PartyContracting Party in area relating to aeronautical facilities, including in areas other than those covered by flight crew, aircraft and the acts referred to in Annex I to this Agreement, or on findings, identified during the ramp inspectionsoperation of aircraft. Such consultations shall take place within thirty (30) days of that request. 102. Nothing If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in this Agreement shall be construed so as to limit the authority of a Party to take all appropriate and immediate measures whenever it ascertains that an aircraft, a product or an operation may: (a) fail to satisfy the minimum standards established pursuant to the Convention or the requirements and standards specified in Part C of Annex I to this Agreement, whichever is applicable; (b) give rise to serious concerns – established through an inspection areas referred to in paragraph 7 1 of this Article – that meet the Standard established at that time pursuant to the Convention, the other Contracting Party shall be informed of such findings and of the steps considered necessary to conform with the ICAO Standards. The other Contracting Party shall then take appropriate corrective action within an agreed time period. 3. Pursuant to Article 16 of the Convention, it is further agreed that, any aircraft operated by, or on behalf of an airline of one Contracting Party, on service to or from the territory of the State of the other Contracting Party, may, while within the territory of the State of the other Contracting Party be the subject of a search by the authorized representatives of the other Contracting Party, provided this does not cause unreasonable delay in the operation of an the aircraft. Notwithstanding the obligation mentioned in Article 33 of the Convention, the purpose of this search is to verify the validity of the relevant aircraft does not comply with documentation, the minimum standards licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform to the Standards established at that time pursuant to the Convention or the requirements and standards specified in Part C of Annex I to this Agreement, whichever is applicable; or (c) give rise to serious concerns that there is a lack of effective maintenance and administration of minimum standards established pursuant to the Convention or the requirements and standards specified in Part C of Annex I to this Agreement, whichever is applicableConvention. 114. Where a When urgent action is essential to ensure the safety of an airline operation, each Contracting Party takes reserves the right to immediately suspend or vary the operating authorization of an airline of the other Contracting Party. 5. Any action under by one Contracting Party in accordance with paragraph 10 4 of this Article shall be discontinued once the basis for the taking of that action ceases to exist. 6. With reference to paragraph 2 of this Article, if it shall promptly inform is determined that one Contracting Party remains in non-compliance with ICAO Standards when the competent authorities agreed time period has lapsed, the Secretary-General of ICAO should be advised thereof. The latter should also be advised of the other Party of taking such action, providing reasons for its action. 12. Where measures taken in application of paragraph 10 of this Article are not discontinued even though the basis for taking them has ceased to exist, either Party may refer the matter to the Joint Committee. 13. Any amendments to national law with respect to the status subsequent satisfactory resolution of the competent authorities of Ukraine or any competent authority of the EU Member States shall be notified, without delay, by the Party concerned to the other Partiessituation.

Aviation safety. 1. Subject to the transitional provisions set out in Annex annex III to this Agreementagreement, the Parties shall act in conformity with their respective legislation concerning the requirements and standards relating to aviation safety specified in annex I, Part C of Annex I C, to this Agreement, agreement under the conditions set out hereafterin this article. 2. While maintaining continuing to carry out functions and tasks of the State of design, manufacture, registration and operator, as provided by the Convention, Ukraine shall incorporate in its legislation and effectively implement the requirements and standards referred to in paragraph 1 of this Articlearticle, in accordance with the transitional provisions stipulated in Annex annex III to this Agreementagreement. 3. The Parties shall cooperate to ensure the effective implementation by Ukraine of its legislation adopted with the aim to incorporate of incorporating the requirements and standards referred to in paragraph 1 of this Articlearticle. To For this purpose, Ukraine shall be involved in the work of the EASA XxXx as an observer from the date of entry into force of this Agreementagreement, as provided for in Annex VI annex vI to this Agreementagreement. 4. To ensure operating of agreed services under sub-paragraphs 1(apoints (a), (b), (c) and (d) of Article 16 (Grant of Rightsarticle 16(1) of this Agreementagreement, each Party shall recognize recognise as valid certificates of airworthiness, certificates of competency and licences issued or validated by the other Party and still in force, provided that the requirements for such certificates or licences at least equal to the minimum standards that may be established pursuant to the Convention. 5. The recognition by the EU Member States of certificates issued by Ukraine referred to in Annex IVannex Iv, section I Section 1, to this Agreement agreement shall be decided in accordance with the provisions stipulated in Annex annex III to this Agreementagreement. 6. The Parties shall cooperate towards the convergence of certification systems in the areas of initial and continuing airworthiness. 7. The Parties shall ensure that aircraft registered in one Party suspected of non-compliance with international aviation safety standards established pursuant to the Convention and landing at airports open to international air traffic in the territory of the other Party shall be subject to ramp inspections by the competent authorities of that other 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. 8. The Parties shall exchange information, including on any findings, identified during ramp inspections carried out in accordance with paragraph 7 of this Article article through the relevant means. 9. The competent authorities of a Party may request consultations with the competent authorities of the other Party at any time concerning the safety standards maintained by the other Party, including in areas other than those covered by the acts referred to in Annex annex I to this Agreementagreement, or on findings, identified during the ramp inspections. Such consultations shall take place within thirty (30) 30 days of that request. 10. Nothing in this Agreement agreement shall be construed so as to limit the authority of a Party to take all appropriate and immediate measures whenever it ascertains that an aircraft, a product or an operation may: (a) fail to satisfy the minimum standards established pursuant to the Convention or the requirements and standards specified in annex I, Part C of Annex I C, to this Agreement, agreement whichever is applicable; (b) give rise to serious concerns – established through an inspection referred to in paragraph 7 of this Article article – that an aircraft or the operation of an aircraft does not comply with the minimum standards established pursuant to the Convention or the requirements and standards specified in annex I, Part C of Annex I C, to this Agreement, agreement whichever is applicable; or (c) give rise to serious concerns that there is a lack of effective maintenance and administration of minimum standards established pursuant to the Convention or the requirements and standards specified in annex I, Part C of Annex I C, to this Agreement, agreement whichever is applicable. 11. Where a Party takes action under paragraph 10 of this Articlearticle, it shall promptly inform the competent authorities of the other Party of taking such action, providing reasons for its action. 12. Where measures taken in application of paragraph 10 of this Article article are not discontinued even though the basis for taking them has ceased to exist, either Party may refer the matter to the Joint Committee. 13. Any any amendments to national law with respect to the status of the competent authorities of Ukraine or any competent authority of the EU Member States shall be notified, without delay, by the Party concerned to the other Parties.