Common use of Aviation safety Clause in Contracts

Aviation safety. 1. Each Contracting Party may request consultations at any time concerning safety standards maintained by the other Contracting Party in any area relating to aeronautical facilities, flight crew, aircraft or the operation of aircraft. Such consultations shall take place within thirty (30) days of that request. 2. 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 corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days, or a longer period as may be agreed upon, shall be grounds for the application of Article 5 of this Agreement. 3. It is agreed that any aircraft operated by the designated airline(s) of one Contracting Party on services to or from the territory of 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. 4. If any such ramp inspection or series of ramp inspections gives rise to: a) 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 b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the 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 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 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 the airline designated by one Contracting Party in accordance with paragraph 3 of this Article is denied by the representative of that airline, 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. 6. Each Contracting Party reserves the right to suspend or vary the operating authorization of the airline(s) 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 a ramp inspection, consultations or otherwise, that immediate action is essential to the safety of an airline operation. 7. 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 that action ceases to exist.

Aviation safety. 1. Each Contracting Party may request consultations at any time concerning safety standards maintained by the other Contracting Party in any area relating to aeronautical facilities, flight crewaircrew, aircraft or their operation adopted by the operation of aircraftother Contracting Party. Such consultations shall take place within thirty (30) days of that request. 2. 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 corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days, days or a such longer period as may be agreed upon, shall be grounds for the application of Article 5 4 of this Agreement. 3. It Notwithstanding the obligations mentioned in Article 33 of the Convention, it is agreed that any aircraft operated by the designated airline(s) airline or airlines of one Contracting Party on services to or from the territory of the other Contracting Party 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. 4. If any such ramp inspection or series of ramp inspections gives rise to: (a) 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 (b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the 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 licences 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, are 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 the airline designated by or airlines of one Contracting Party in accordance with paragraph 3 of this Article above is denied by the representative of that airlineairline 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 above arise and draw the conclusions referred to in that paragraph. 6. Each Contracting Party reserves the right to suspend or vary the operating authorization of the airline(s) 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 a ramp inspection, consultations consultation or otherwise, that immediate action is essential to the safety of an airline operation. 7. Any action by one Contracting Party in accordance with paragraph paragraphs 2 or 6 of this Article above shall be discontinued once the basis for the taking of that action ceases to exist. 8. Where a Contracting Party has designated an air carrier whose regulatory control is exercised and maintained by another European Community Member State or EEA EFTA State, the rights of the other Contracting Party under Articles 3 and 4 shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other European Community Member State or EEA EFTA State, and in respect of the operating authorisation of that air carrier.

Aviation safety. 1. Each Contracting Party may request consultations at any time concerning safety standards maintained by the other Contracting Party in any area relating to aeronautical facilities, flight air crew, aircraft or their operation adopted by the operation of aircraftother Party. Such consultations shall take place within thirty (30) days of that request. 2. 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 corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days, days or a such longer period as may be agreed uponagreed, shall be grounds a ground for the application of Article 5 (Revocation or Suspension of Operating Authorization) of this Agreement. 3. It Notwithstanding the obligations mentioned in Article 33 of the Convention, it is agreed that any aircraft operated by the a designated airline(s) airline of one Contracting Party on services to or from the territory of 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. 4. If any such ramp inspection or series of ramp inspections gives rise toto : (a) 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 (b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the 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 certificates or licences 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, are 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 the a designated airline designated by of one Contracting Party in accordance with paragraph 3 of this Article is denied denied, by the representative of that designated airline, 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. 6. Each Contracting Party reserves the right to immediately suspend or vary the operating authorization to conduct international air transportation of the airline(s) an airline of the other Contracting Party immediately in the event that the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for a ramp inspection, consultations consultation or otherwise, that immediate action is essential to ensure the safety of an airline operation. 7. Any action by one Contracting Party in accordance with paragraph 1, 2 or 6 of this Article above shall be discontinued once the basis for the taking of that action ceases to exist. 8. Where the Portuguese Republic has designated an airline whose regulatory control is exercised and maintained by another European Union Member State, the rights of the other Party under this Article shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other European Union Member State and in respect of the operating authorization of that airline.

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 areas relating to aeronautical facilities, flight crewaircrews, aircraft or the operation of aircraftand their operation. Such consultations shall take place within thirty (30) days of that request. 2. 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 this other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within a reasonable time, and in any case within fifteen ( (151) days, (2)5) days or a such longer period as may my be agreed uponagreed, shall be grounds for the application of Article 5 4 of this the present Agreement. 3. It Notwithstanding the obligations mentioned in Article 33 of the Convention, it is agreed that any aircraft operated by the designated airline(s) airlines or airlines of one Contracting Party on services to or from form the territory of the other Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination (in this Article called « ramp inspection ») by the duly authorized representatives of the other Contracting Party, on board and or around the aircraft 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")equipment, provided this does not lead to unreasonable delay. 4. If any such ramp inspection or series of ramp inspections gives rise toto : (a) 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, (b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the 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 licences licenses in respect of that aircraft or in respect of the operator or crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established at that time pursuant to the Convention. 5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline designated by or airlines of one Contracting Party in accordance with paragraph 3 of this the present Article is denied by the representative of that airlinedenied, 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 authorization of the airline(s) 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 a ramp inspection, consultations consultation or otherwiseother form of dialogue, that immediate action is essential to the safety of an airline or airlines operation. 7. Any action by one Contracting Party in accordance with paragraph paragraphs 1 (2) and 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 safety standards maintained by the other Contracting Party in any area relating to aeronautical facilities, flight crewaircrew, aircraft or their operation adopted by the operation of aircraftother Contracting Party. Such consultations shall take place within thirty (30) days of that request. 2. 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 corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days, days or a such longer period as may be agreed uponagreed, shall be grounds for the application of Article 5 4 of this Agreement. 3. It Notwithstanding the obligations mentioned in Article 33 of the Convention, it is agreed that any aircraft operated by the designated airline(s) airline or airlines of one Contracting Party on services to or from the territory of the other Contracting Party another 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. 4. If any such ramp inspection or series of ramp inspections gives rise to: (a) 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 (b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the 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 licences 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, are 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 the airline designated by or airlines of one Contracting Party in accordance with paragraph 3 of this Article above is denied by the representative of that airlineairline 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 above arise and draw the conclusions referred to in that paragraph. 6. Each Contracting Party reserves the right to suspend or vary the operating authorization of the airline(s) 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 a ramp inspection, consultations or otherwise, that immediate action is essential to the safety of an airline operation. 7. 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 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 areas relating to aeronautical facilities, flight crewair crews, aircraft or the operation of aircraftand their operation. Such consultations shall take place within thirty (30) days of that request. 2. If, 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 Chicago 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 this other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within a reasonable time, and in any case within fifteen (15) days, days or a such longer period as may be agreed uponagreed, shall be grounds for the application of Article 5 4 of this the present Agreement. 3. It Notwithstanding the obligations mentioned in Article 33 of the Convention, it is agreed that any aircraft operated by the designated airline(s) of one Contracting Party on services to or from the territory of the other another Contracting Party may, while within the territory of the other Contracting Party, be made the subject of an examination by the authorized representatives authorities representative of the other Contracting Party, 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. 4. If any such ramp inspection or a series of ramp inspections gives rise to: a) a. 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, b) b. serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the 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 licences licenses in respect of that aircraft or in respect of the operator or crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, valid are not equal to or above the minimum standards established at that time pursuant to the Convention. 5. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline designated by airline(s) of one Contracting Party in accordance with paragraph 3 of this Article above is denied by the representative of that airlinedenied, 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 authorization of the designated airline(s) 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 a ramp inspection, consultations consultation or otherwiseother form of dialogue, that immediate action is essential to the safety of an airline the designated airline(s) operation. 7. Any action by one Contracting Party in accordance with paragraph 1 or 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 safety standards maintained by the other Contracting Party in any area relating to aeronautical facilities, flight crewaircrews, aircraft or their operation adopted by the operation of aircraftother Contracting Party. Such consultations shall take place within thirty 30 (30thirty) days of that request. 2. 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 party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards, and that the other Contracting Party shall to take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within fifteen 15 (15fifteen) days, days or a such longer period as may be agreed upon, shall be grounds for the application of Article 5 of this Agreementto suspend operating authorization. 3. It Notwithstanding the obligation mentioned in Article 33 of the Convention it is agreed that any aircraft operated by or, under a lease agreement, on behalf of the designated airline(s) of airline(s)of one Contracting Party on services to or from the territory of the other Contracting Party Party, may, while within the territory of the other Contracting Party, 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. 4. If any such ramp inspection or of series of ramp inspections gives rise to: a) 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 b) serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, : the 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 licences licenses in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, valid or that the requirements under which that aircraft is operated, operated are 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 the airline designated by of one Contracting Party in accordance with paragraph 3 Paragraph (3) of this Article is denied by the a representative of that airline, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 Paragraph (4) of this Article arise and draw the conclusions referred to in that paragraph. 6. Each Contracting Party reserves the right to suspend or vary revoke the operating authorization of the airline(s) an airline 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 a ramp inspection, consultations consultation or otherwise, that immediate action is essential to the safety of an airline operation. 7. Any action taken by one Contracting Party in accordance with paragraph 2 Paragraphs (2) or 6 (6) of this Article shall be discontinued once the basis for the taking of that action ceases to exist.