Common use of Aviation safety Clause in Contracts

Aviation safety. 1. Without prejudice to the discretion of the legislative authorities of the Contracting Parties, the Contracting Parties shall closely cooperate in the area of aviation safety with the objective of establishing, to the practical extent possible, harmonised rules or mutual recognition of each other's safety standards. The Joint Committee, with the assistance of the European Aviation Safety Agency, shall oversee this process of cooperation. 2. The Contracting Parties shall ensure that their relevant legislation, rules or procedures deliver, at minimum, the level of regulatory requirements and standards relating to air transport specified in Part A of Annex IV, as detailed in Annex VI. 3. The competent authorities of the Contracting Parties shall recognise as valid, for the purposes of operating the air transport provided for in this Agreement, certificates of airworthiness, certificates of competency, and licenses issued or validated by each other and still in force, provided that the requirements for such certificates or licenses at least equal the minimum standards that may be established pursuant to the Convention. The competent authorities may, however, refuse to recognise as valid for purposes of flight above their own territory, certificates of competency and licenses granted to or validated for their own nationals by such other authorities. 4. Each Contracting Party may request consultations at any time concerning the safety standards maintained by the other Contracting Party in areas relating to aeronautical facilities, flight crew, aircraft and the operation of aircraft. Such consultations shall take place within thirty (30) days of that request. 5. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in the areas referred to in paragraph 4 that meet the standards 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. 6. The Contracting Parties shall ensure that aircraft registered in one Contracting Party suspected of non-compliance with international aviation safety standards established pursuant to the Convention landing at airports open to international air traffic in the territory of the other Contracting Party shall be subject to ramp inspections by the competent authorities of that 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. 7. The competent authorities of either Contracting Party may take all appropriate and immediate measures whenever they ascertain that an aircraft, any component of an aircraft or an operation may: (a) fail to satisfy the minimum standards established pursuant to the Convention, or (b) give rise to serious concerns – established through an inspection referred to in paragraph 6, pursuant to Article 16 of the Convention – that an aircraft or the operation of an aircraft does not comply with the minimum standards established pursuant to the Convention , 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. 8. Where the competent authorities of one Contracting Party take action under paragraph 7, they shall promptly inform the competent authorities of the other Contracting Party of taking such action, providing reasons for its action. 9. When urgent action is essential to ensure the safety of an air carrier operation, each Contracting Party reserves the right to immediately suspend or vary the operating authorisation of an air carrier or air carriers of the other Contracting Party. 10. Where measures taken in application of paragraphs 7 or 9 are not discontinued even though the basis for taking them has ceased to exist, either Contracting Party may refer the matter to the Joint Committee.

Aviation safety. 1. Without prejudice to the discretion of the legislative authorities of the Contracting Parties, the Contracting Parties shall closely cooperate in the area of aviation safety with the objective of establishing, to the practical extent possible, harmonised rules or mutual recognition of each other's safety standards. The Joint Committee, with the assistance of the European Aviation Safety Agency, shall oversee this process of cooperation. 2. The Contracting Parties shall ensure that their relevant legislation, rules or procedures deliver, at minimum, the level of regulatory requirements and standards relating to air transport specified in Part A of Annex IV, as detailed in Annex VI. 3. The competent authorities of the Contracting Parties shall recognise as valid, for the purposes of operating the air transport provided for in this Agreement, certificates of airworthiness, certificates of competency, and licenses issued or validated by each other and still in force, provided that the requirements for such certificates or licenses at least equal the minimum standards that may be established pursuant to the Convention. The competent authorities may, however, refuse to recognise as valid for purposes of flight above their own territory, certificates of competency and licenses granted to or validated for their own nationals by such other authorities. 4. Each Contracting Party may request consultations at any time concerning the safety standards maintained by the other Contracting Party in areas relating to aeronautical facilities, flight crew, aircraft and the operation of aircraft. Such consultations shall take place within thirty (30) days of that request. 5. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in the areas referred to in paragraph 4 that meet the standards 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. 6. The Contracting Parties shall ensure that aircraft registered in one Contracting Party suspected of non-compliance with international aviation safety standards established pursuant to the Convention landing at airports open to international air traffic in the territory of the other Contracting Party shall be subject to ramp inspections by the competent authorities of that 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. 7. The competent authorities of either Contracting Party may take all appropriate and immediate measures whenever they ascertain that an aircraft, any component of an aircraft or an operation may: (a) fail to satisfy the minimum standards established pursuant to the Convention, or (b) give rise to serious concerns – established through an inspection referred to in paragraph 6, pursuant to Article 16 of the Convention – that an aircraft or the operation of an aircraft does not comply with the minimum standards established pursuant to the Convention Convention, or (c) give rise to serious concerns that there is a lack of effective maintenance main­ tenance and administration of minimum standards established pursuant to the Convention. 8. Where the competent authorities of one Contracting Party take action under paragraph 7, they shall promptly inform the competent authorities of the other Contracting Party of taking such action, providing reasons for its action. 9. When urgent action is essential to ensure the safety of an air carrier operation, each Contracting Party reserves the right to immediately immedi­ ately suspend or vary the operating authorisation of an air carrier or air carriers of the other Contracting Party. 10. Where measures taken in application of paragraphs 7 or 9 are not discontinued even though the basis for taking them has ceased to exist, either Contracting Party may refer the matter to the Joint Committee.

Aviation safety. 1. Without prejudice to the discretion of the legislative authorities auth- orities of the Contracting Parties, the Contracting Parties shall closely cooperate in the area of aviation safety with the objective of establishing, to the practical extent possible, harmonised rules or mutual recognition of each other's safety standards. The Joint Committee, with the assistance of the European Aviation Safety Agency, shall oversee this process of cooperation. 2. The Contracting Parties shall ensure that their relevant legislation, rules or procedures deliver, at minimum, the level of regulatory requirements and standards relating to air transport specified in Part A of Annex IV, as detailed in Annex VI. 3. The competent authorities of the Contracting Parties shall recognise as valid, for the purposes of operating the air transport provided for in this Agreement, certificates of airworthiness, certificates of competency, and licenses issued or validated by each other and still in force, provided that the requirements for such certificates or licenses at least equal the minimum standards that may be established pursuant to the Convention. The competent authorities may, however, refuse to recognise as valid for purposes of flight above their own territory, certificates of competency and licenses granted to or validated for their own nationals by such other authorities. 4. Each Contracting Party may request consultations at any time concerning the safety standards maintained by the other Contracting Party in areas relating to aeronautical facilities, flight crew, aircraft and the operation of aircraft. Such consultations consul- tations shall take place within thirty (30) days of that request. 5. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in the areas referred to in paragraph 4 that meet the standards 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. 6. The Contracting Parties shall ensure that aircraft registered in one Contracting Party suspected of non-compliance with international aviation safety standards established pursuant to the Convention landing at airports open to international air traffic in the territory of the other Contracting Party shall be subject to ramp inspections by the competent authorities of that 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. 7. The competent authorities of either Contracting Party may take all appropriate and immediate measures whenever they ascertain that an aircraft, any component of an aircraft or an operation may: (a) fail to satisfy the minimum standards established pursuant to the Convention, or (b) give rise to serious concerns – established through an inspection referred to in paragraph 6, pursuant to Article 16 of the Convention – that an aircraft or the operation of an aircraft does not comply with the minimum standards established pursuant to the Convention , 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. 8. Where the competent authorities of one Contracting Party take action under paragraph 7, they shall promptly inform the competent authorities of the other Contracting Party of taking such action, providing reasons for its action. 9. When urgent action is essential to ensure the safety of an air carrier operation, each Contracting Party reserves the right to immediately suspend or vary the operating authorisation of an air carrier or air carriers of the other Contracting Party. 10. Where measures taken in application of paragraphs 7 or 9 are not discontinued even though the basis for taking them has ceased to exist, either Contracting Party may refer the matter to the Joint Committee.EN

Aviation safety. 1. Without prejudice to the discretion of the legislative authorities of the Contracting Parties, the Contracting Parties shall closely cooperate in the area of aviation safety with the objective of establishing, to the practical extent possible, harmonised rules or mutual recognition of each other's safety standards. The Joint Committee, with the assistance of the European Aviation Safety Agency, shall oversee this process of cooperation. 2. The Contracting Parties shall ensure that their relevant legislation, rules or procedures deliver, at minimum, the level of regulatory requirements and standards relating to air transport specified in Part A of Annex IV, as detailed in Annex VI. 3. The competent authorities of the Contracting Parties shall recognise as valid, for the purposes of operating the air transport provided for in this Agreement, certificates of airworthiness, certificates of competency, and licenses issued or validated by each other and still in force, provided that the requirements for such certificates or licenses at least equal the minimum standards that may be established pursuant to the Convention. The competent authorities may, however, refuse to recognise as valid for purposes of flight above their own territory, certificates of competency and licenses granted to or validated for their own nationals by such other authorities. 4. Each Contracting Party may request consultations at any time concerning the safety standards maintained by the other Contracting Party in areas relating to aeronautical facilities, flight crew, aircraft and the operation of aircraft. Such consultations shall take place within thirty (30) days of that request. 5. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in the areas referred to in paragraph 4 that meet the standards 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. 6. The Contracting Parties shall ensure that aircraft registered in one Contracting Party suspected of non-compliance with international aviation safety standards established pursuant to the Convention landing at airports open to international air traffic in the territory of the other Contracting Party shall be subject to ramp inspections by the competent authorities of that 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. 7. The competent authorities of either Contracting Party may take all appropriate and immediate measures whenever they ascertain that an aircraft, any component of an aircraft or an operation may: (a) fail to satisfy the minimum standards established pursuant to the Convention, or (b) give rise to serious concerns – established through an inspection referred to in paragraph 6, pursuant to Article 16 of the Convention – that an aircraft or the operation of an aircraft does not comply with the minimum standards established pursuant to the Convention Convention, 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. 8. Where the competent authorities of one Contracting Party take action under paragraph 7, they shall promptly inform the competent authorities of the other Contracting Party of taking such action, providing reasons for its action. 9. When urgent action is essential to ensure the safety of an air carrier operation, each Contracting Party reserves the right to immediately suspend or vary the operating authorisation of an air carrier or air carriers of the other Contracting Party. 10. Where measures taken in application of paragraphs 7 or 9 are not discontinued even though the basis for taking them has ceased to exist, either Contracting Party may refer the matter to the Joint Committee.

Aviation safety. 1. Without prejudice to the discretion of the legislative authorities of the Contracting Parties, the Contracting Parties shall closely cooperate in the area of aviation safety with the objective of establishing, to the practical extent possible, harmonised rules or mutual recognition of each other's safety standards. The Joint Committee, with the assistance of the European Aviation Safety Agency, shall oversee this process of cooperation. 2. The Contracting Parties shall ensure that their relevant legislation, rules or procedures deliver, at minimum, the level of regulatory requirements and standards relating to air transport specified in Part A of Annex IV, as detailed in Annex VI. 3. The competent authorities of the Contracting Parties shall recognise as valid, for the purposes of operating the air transport provided for in this Agreement, certificates of airworthiness, certificates of competency, and licenses issued or validated by each other and still in force, provided that the requirements for such certificates or licenses at least equal the minimum standards that may be established pursuant to the Convention. The competent authorities may, however, refuse to recognise as valid for purposes of flight above their own territory, certificates of competency and licenses granted to or validated for their own nationals by such other authorities. 4. Each Contracting Party may request consultations at any time concerning the safety standards maintained by the other Contracting Party in areas any area relating to aeronautical facilities, flight crewaircrew, aircraft and or their operation adopted by the operation of aircraftother Contracting Party. Such consultations shall take place within thirty (30) days of that request. 52. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any area that are at least equal to the areas referred to in paragraph 4 that meet the minimum standards established at that time pursuant to the Convention, the first Contracting Party shall notify the other Contracting Party shall be informed of such those findings and of the steps considered necessary to conform with the ICAO those minimum standards. The , and that other Contracting Party shall then take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within an agreed time periodfifteen (15) days or such longer period as may be agreed, shall be grounds for the application of Article 4 of this Agreement (Revocation and Suspension of Operating Authorization). 63. The Contracting Parties shall ensure Notwithstanding the obligations mentioned in Article 33 of the Convention, it is agreed that any aircraft registered in operated by the airlines or airlines of one Contracting Party suspected on services to or from the Territory of non-compliance with international aviation safety standards established pursuant to another Contracting Party may, while within the Convention landing at airports open to international air traffic in the territory Territory of the other Contracting Party shall Party, be made the subject to ramp inspections of an examination by the competent authorities authorized representatives of that 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 equipmentequipment (in this Article called “ramp inspection” ), provided this does not lead to unreasonable delay in the operation of the aircraft. 74. The competent authorities If any such ramp inspection or series of either Contracting Party may take all appropriate and immediate measures whenever they ascertain that an aircraft, any component of an aircraft or an operation mayramp inspections gives rise to: (a) fail to satisfy the minimum standards established pursuant to the Convention, or (b) give rise to serious concerns – established through an inspection referred to in paragraph 6, pursuant to Article 16 of the Convention – that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention Convention, or (cb) give rise to 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 inspection shall, for the purpose 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 minimum standards established pursuant to the Convention. 85. Where In the competent authorities event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline or airlines of one Contracting Party take action under in accordance with paragraph 73 above is denied by the representatives of that airline or airlines, they shall promptly inform the competent authorities of the other Contracting Party shall be free to infer that serious concerns of taking such action, providing reasons for its actionthe type referred to in paragraph 4 above arise an draw the conclusions referred in that paragraph. 96. When urgent action is essential to ensure the safety of an air carrier operation, each Each Contracting Party reserves the right to immediately suspend or vary the operating authorisation authorization of an air carrier airline or air carriers airlines of the other Contracting PartyParty immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of an airline operation. 107. Where measures taken Any action by one Contracting Party in application of paragraphs 7 accordance with paragraph 2 or 9 are not 6 above shall be discontinued even though once the basis for the taking them has ceased of that action ceases to exist, either . 8. The Designated Airlines of each Contracting Party may refer the matter to the Joint Committeeshall be a non-listed in any Banning list (or equivalent) published by recognized Safety Agency or Airworthiness Authority.