Common use of Aviation Security Clause in Contracts

Aviation Security. 1. Consistent with their rights and obligations under international law, the Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 2. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September, 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971, signed at Montreal on 24 February 1988, The Convention on the Marking of Plastic explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, and any other agreement governing civil aviation security binding upon both Parties. 3. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities and any other relevant threat to the security of civil aviation. 4. The Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as annexes to the Convention to the extent that such security provisions are applicable to the Parties. 5. In addition, the Parties shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union law, and the operators of airports in their Territory act in conformity with such aviation security provisions as are applicable to the Parties. 6. Each Party agrees that its operators of aircraft shall be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied by the other Party for entry into, departure from, or while within the Territory of that other Party. 7. Each Party shall ensure that measures are effectively applied within its Territory to protect the aircraft and to security screen their passengers, crew and carry-on items and to carry out appropriate security checks on baggage, Cargo and aircraft stores prior to boarding or loading. Each Party also agrees to give positive consideration to any request from the other Party for reasonable special security measures to meet a particular threat. 8. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate such incident or threat as rapidly as possible commensurate with minimum risk to life from such incident or threat. 9. Each Party shall take such measures as it may find practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory is detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its passengers and crew. 10. When a Party has reasonable grounds to believe that the other Party has departed from the provisions of this Article, the Aeronautical Authority of the first Party may request immediate consultations with the Aeronautical Authority of the other Party. Failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds for the application of paragraph (1) of Article 4 of this Agreement. When required by an emergency, a Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) days. Any action taken in accordance with this paragraph shall be discontinued upon compliance by the other Party with the security provisions of this Article.

Appears in 4 contracts

Samples: Air Services Agreement, Air Services Agreement, Air Services Agreement

AutoNDA by SimpleDocs

Aviation Security. 1. Consistent Ukraine shall incorporate in its legislation and effectively implement the provisions contained in ECAC (European Civil Aviation Conference) Document 30, Part II in accordance with their the transitional provisions stipulated in Annex III to this Agreement. In the context of the assessments provided for in Article 33 (Transitional Arrangements), paragraph 2 of this Agreement, European Commission inspectors may participate as observers in the inspections carried out by the Ukrainian competent Authorities in airports located in the territory of Ukraine, according to a mechanism agreed by the two Parties. This Agreement shall be without prejudice of the rights and obligations of Ukraine and the EU Member States under the provisions of Annex 17 to the Convention. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international lawair services, the Parties reaffirm that their obligation obligations to each other to protect provide for the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 2. Without limiting the generality of interference, and in particular their rights and obligations under international lawthe Convention, the Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 SeptemberSeptember 1971, 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971Aviation, signed at Montreal on 24 February 1988, The 1988 and the Convention on the Marking marking of Plastic plastic explosives for the Purpose purpose of Detection, detection signed at Montreal on 1 March 1991, insofar as both Parties are parties to these conventions, as well as all other conventions and any other agreement governing protocols relating to civil aviation security binding upon of which both PartiesParties are parties. 3. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities facilities, and any other relevant threat to the security of civil aviation. 4. The Parties shall, in their mutual relations, act in conformity with the aviation security provisions Standards and, so far as they are applied by them, the Recommended Practices established by the International Civil Aviation Organization ICAO and designated as annexes Annexes to the Convention Convention, to the extent that such security provisions are applicable to the Parties. 5. In addition, the Both Parties shall require that operators of aircraft of their registry or registry, operators of aircraft who have their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union lawterritory, and the operators of airports in their Territory territory, act in conformity with such aviation security provisions as are applicable to the Partiesprovisions. 65. Each Party shall ensure that effective measures are taken within its territory to protect civil aviation against acts of unlawful interference, including, but not limited to, screening of passengers and their cabin baggage, screening of hold baggage and security controls for cargo and mail prior to boarding or loading of aircraft, as well as security controls for in-flight supplies and airport supplies and access control and screening of persons other than passengers upon entering to security restricted areas. Those measures shall be adjusted as necessary, to address vulnerabilities and threats in civil aviation. Each Party agrees that its operators of aircraft shall their air carriers may be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied this Article required by the other Party Party, for entry into, departure from, from or while within the Territory territory of that other Party. 76. Each Party shall ensure that measures are effectively applied within its Territory to protect the aircraft and to security screen their passengers, crew and carry-on items and to carry out appropriate security checks on baggage, Cargo and aircraft stores prior to boarding or loading. Each Party also agrees to give positive consideration to any request from the other Party for reasonable special security measures to meet a particular threat. Except where not reasonably possible in case of emergency, each Party will inform the other Party in advance of any special security measures it intends to introduce which could have a significant financial or operational impact on the air transport services provided under this Agreement. Either Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 29 (Joint Committee) of this Agreement. 87. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports and or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate such incident or threat as rapidly as possible commensurate with minimum risk to life from and safely such incident or threat. 98. Each Party shall take such all measures as it may find finds practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference interference, which is on the ground in its Territory territory is detained thereon on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the lives basis of its passengers and crewmutual consultations. 109. When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Article, the Aeronautical Authority of the first that Party may shall request immediate consultations with the Aeronautical Authority of the other Party. 10. Failure Without prejudice to Article 19 (Refusal, Revocation, Suspension, Limitation of Authorisation or Technical Permission) of this Agreement failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds for to withhold, revoke, limit or impose conditions on the application operating authorisation of paragraph (1) one or more air carriers of Article 4 of this Agreementsuch other Party. 11. When required by an emergencyimmediate and extraordinary threat, a Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) days. 12. Any action taken in accordance with the paragraphs 10 or 11 of this paragraph Article shall be discontinued upon compliance by the other Party with the security full provisions of this Article.

Appears in 3 contracts

Samples: Common Aviation Area Agreement, Common Aviation Area Agreement, Common Aviation Area Agreement

Aviation Security. 1. Consistent with their rights and obligations under international law, the Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreementagreement. 2. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed done at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed done at the The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against Against the Safety of Civil Aviation, signed done at Montreal on 23 SeptemberSeptember 1971, 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Aviation, done at Montreal on 23 September 1971, signed at Montreal on 24 February 1988, The and the Convention on the Marking of Plastic explosives Explosives for the Purpose of Detection, signed done at Montreal on 1 March 1991, 1991 and any other multilateral agreement governing civil aviation security binding upon both the Parties. 3. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other acts of unlawful acts interference against the safety of such aircraft, their passengers and crewcrew members, airports and air navigation facilities facilities, and any other relevant threat to the security of civil aviation. 4. The Parties shall, in their mutual relations, shall act in conformity with the aviation security provisions established by the International Civil Aviation Organization Organisation and designated as annexes Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Parties. 5. In addition, the The Parties shall require that operators of aircraft of their registry or registry, operators of aircraft who have their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union lawterritory, and the operators of airports in their Territory territory act in conformity with such aviation security provisions as are applicable provisions. Accordingly, each Party, upon request, shall provide the other Party notification of any difference between its regulations and practices and the aviation security standards of the Annexes referred to in this paragraph, where these differences exceed or complement such standards and have relevance for the Partiesoperators of the other Party. Either Party may at any time request consultations, to be held without unreasonable delay, with the other Party to discuss any such differences. 65. Each With full regard and mutual respect for the sovereignty of states, each Party agrees that its operators of aircraft shall referred to in paragraph 4 of this Article may be required to observe the aviation security provisions referred to in that paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied required by the other Party for entry into, departure from, or while within the Territory territory of that other Party. 7. Each Party shall ensure that adequate measures are effectively applied within its Territory territory to protect the aircraft and to exercise security screen their controls on passengers, crew and members, baggage, carry-on items and to carry out appropriate security checks on baggageitems, Cargo cargo, mail and aircraft stores prior to boarding or loading. 6. The Parties agree to work towards achieving mutual recognition of each other's security standards and to cooperate closely on quality control measures on a reciprocal basis. The Parties also agree, where appropriate, and on the basis of decisions to be taken by Parties separately, to create preconditions for implementing one-stop security for flights between the territories of the Parties, meaning the exemption of transfer passengers, transfer baggage, and/or transfer cargo from re-screening. To this end, they shall establish administrative arrangements allowing for consultations on existing or planned aviation security measures and for cooperation and for sharing of information on quality control measures implemented by the Parties. The Parties shall consult each other on planned security measures of relevance for operators located in the territory of the other Party to such administrative arrangements. 7. Each Party also agrees to give positive consideration to shall, as far as may be practicable, meet any request from the other Party for reasonable special security measures to meet a particular threatthreat for a specific flight or a specific series of flights. 8. The Parties agree to cooperate on security inspections undertaken by them in either territory through the establishment of mechanisms, including administrative arrangements, for the reciprocal exchange of information on results of such security inspections. The Parties agree to consider positively requests to participate, as observers, in security inspections undertaken by the other Party. 9. When an incident or threat of an incident of unlawful seizure of civil aircraft or other acts of unlawful acts interference against the safety of such aircraft, their passengers and crewcrew members, airports and or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and taking other appropriate measures intended to terminate rapidly and safely such incident or threat as rapidly as possible commensurate with minimum risk to life from such incident or threat. 9. Each Party shall take such measures as it may find practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory is detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its passengers and crewthereof. 10. When a Party has reasonable grounds to believe that the other Party has departed from the provisions of this Article, the Aeronautical Authority of the first Party that Party, through its responsible authorities, may request immediate consultations. Such consultations with the Aeronautical Authority shall start within fifteen (15) days of the other Partyreceipt of such a request. Failure to reach a satisfactory agreement within fifteen (15) days from the date start of such request consultations shall constitute grounds for the application Party that requested the consultations to take action to withhold, revoke, suspend or impose appropriate conditions on the authorisations of paragraph (1) the airlines of Article 4 of this Agreementthe other Party. When required justified by an emergency, a Party may take interim action under paragraph (1) of Article 4 prior or to the expiry of fifteen (15) days. Any action taken in accordance with this paragraph shall be discontinued upon prevent further non- compliance by the other Party with the security provisions of this Article, the Party that believes that the other Party has departed from the provisions of this Article may take appropriate interim action at any time. 11. Without prejudice to the need to take immediate action in order to protect transportation security, the Parties affirm that when considering security measures, a Party shall evaluate possible adverse economic and operational effects on the operation of air services under this Agreement and, to the extent permitted by law shall take such factors into account when it determines what measures are necessary and appropriate to address those security concerns.

Appears in 3 contracts

Samples: Air Transport Agreement, Air Transport Agreement, Air Transport Agreement

Aviation Security. 1. Consistent Ukraine shall incorporate in its legislation and effectively implement the provisions contained in the European Civil Aviation Conference (ECAC) Document 30, Part II, in accordance with their the transitional provisions stipulated in Annex III to this Agreement. In the context of the assessments provided for in Article 33(2) of this Agreement, European Commission inspectors may participate as observers in the inspections carried out by the Ukrainian competent authorities in airports located in the territory of Ukraine, according to a mechanism agreed by the two Parties. This Agreement shall be without prejudice to the rights and obligations of Ukraine and the EU Member States under Xxxxx 17 to the Convention. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international lawair services, the Parties reaffirm that their obligation obligations to each other to protect provide for the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 2. Without limiting the generality of interference, and in particular their rights and obligations under international lawthe Convention, the Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 SeptemberSeptember 1971, 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971Aviation, signed at Montreal on 24 February 1988, The 1988 and the Convention on the Marking of Plastic explosives Explosives for the Purpose purpose of Detection, signed at Montreal on 1 March 1991, insofar as both Parties are parties to these conventions, as well as all other conventions and any other agreement governing protocols relating to civil aviation security binding upon of which both PartiesParties are parties. 3. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities facilities, and any other relevant threat to the security of civil aviation. 4. The Parties shall, in their mutual relations, act in conformity with the aviation security provisions Standards and, so far as they are applied by them, the Recommended Practices established by the International Civil Aviation Organization ICAO and designated as annexes Annexes to the Convention Convention, to the extent that such security provisions are applicable to the Parties. 5. In addition, the Both Parties shall require that operators of aircraft of their registry or registry, operators of aircraft who have their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union lawterritory, and the operators of airports in their Territory territory, act in conformity with such aviation security provisions as are applicable to the Partiesprovisions. 65. Each Party shall ensure that effective measures are taken within its territory to protect civil aviation against acts of unlawful interference, including, but not limited to, screening of passengers and their cabin baggage, screening of hold baggage and security controls for cargo and mail prior to boarding or loading of aircraft, as well as security controls for in-flight supplies and airport supplies and access control and screening of persons other than passengers upon entering to security restricted areas. Those measures shall be adjusted as necessary, to address vulnerabilities and threats in civil aviation. Each Party agrees that its operators of aircraft shall their air carriers may be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied this Article required by the other Party Party, for entry into, departure from, from or while within the Territory territory of that other Party. 76. Each Party shall ensure that measures are effectively applied within its Territory to protect the aircraft and to security screen their passengers, crew and carry-on items and to carry out appropriate security checks on baggage, Cargo and aircraft stores prior to boarding or loading. Each Party also agrees to give positive consideration to any request from the other Party for reasonable special security measures to meet a particular threat. Except where not reasonably possible in case of emergency, each Party will inform the other Party in advance of any special security measures it intends to introduce which could have a significant financial or operational impact on the air transport services provided under this Agreement. Either Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 29 of this Agreement. 87. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports and or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate such incident or threat as rapidly as possible commensurate with minimum risk to life from and safely such incident or threat. 98. Each Party shall take such all measures as it may find finds practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory territory is detained thereon on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the lives basis of its passengers and crewmutual consultations. 109. When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Article, the Aeronautical Authority of the first that Party may shall request immediate consultations with the Aeronautical Authority of the other Party. 10. Failure Without prejudice to Article 19 of this Agreement, failure to reach a satisfactory agreement within fifteen (15) 15 days from the date of such request shall constitute grounds for to withhold, revoke, limit or impose conditions on the application operating authorisation of paragraph (1) one or more air carriers of Article 4 of this Agreementsuch other Party. 11. When required by an emergencyimmediate and extraordinary threat, a Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) 15 days. 12. Any action taken in accordance with the paragraph 10 or 11 of this paragraph Article shall be discontinued upon compliance by the other Party with the security full provisions of this Article.

Appears in 2 contracts

Samples: Common Aviation Area Agreement, Common Aviation Area Agreement

Aviation Security. 1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this the present Agreement. 2. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 SeptemberSeptember 1971, 1971 and the its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971Aviation, signed at Montreal on 24 February 1988, The and the Convention on the Marking of Plastic explosives Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, and 1991 as well as with any other agreement governing civil convention and protocol relating to aviation security binding upon which both PartiesContracting Parties adhere to. 32. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities facilities, and any other relevant threat to the security of civil aviation. 43. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as annexes Annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties. 5. In addition, the Parties they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their Territory or and, in the case of the Portuguese Republic of Austria, operators of aircraft which that are established in its territory under the EU treaties Treaties and have valid an operating licences license in accordance with the European Union law, and the operators of airports in the territory of their Territory states act in conformity with such aviation security provisions as are applicable to the Partiesprovisions. 64. Each Contracting Party agrees that its such operators of aircraft shall may be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case 3 of the Portuguese Republic, European Union law, applied this Article required by the other Contracting Party for entry into, departure from, or while within within, the Territory territory of that other Party. 7Contracting Party including, in the case of the Republic of Austria, European Union law. Each Contracting Party shall ensure that adequate measures are effectively applied within its Territory territory to protect the aircraft and to security screen their inspect passengers, crew and crew, carry-on items and to carry out appropriate security checks on items, baggage, Cargo cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also agrees to give positive sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat. 85. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports and or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat as rapidly as possible commensurate with minimum risk to life from such incident or threatthereof. 96. Each Contracting Party shall take such measures all measures, as it may find practicable practicable, to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which has landed in the territory of the state is detained on the ground in its Territory is detained thereon unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the lives basis of its passengers and crewmutual consultations under the consideration of the State. 107. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, the Aeronautical Authority aeronautical authorities of the first that Contracting Party may request immediate consultations with the Aeronautical Authority aeronautical authorities of the other Contracting Party. Failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds for to withhold, revoke, limit or impose conditions on the application operating authorization and technical permissions of paragraph (1) an airline or airlines of Article 4 of this Agreementthat other Contracting Party. When required by an emergency, a Contracting Party may take interim action under paragraph (1) of Article 4 5 of this Agreement prior to the expiry of fifteen (15) days. Any action taken in accordance with this paragraph shall be discontinued upon compliance by the other Contracting Party with the security provisions of this Article.

Appears in 2 contracts

Samples: Air Services Agreement, Air Services Agreement

Aviation Security. 1. Consistent In accordance with their rights and obligations under international lawInternational Law, the Contracting Parties reaffirm that their mutual obligation to each other to protect the security of civil aviation against acts of unlawful interference forms as an integral part of this Agreement. 2. Each Contracting Party shall, at the request of the other Contracting Party, provide all necessary assistance to prevent acts of unlawful seizure of aircraft and other unlawful acts against the safety of their passengers, crew, aircraft, airports, and air navigation facilities, and to address any other threat to the security of civil air navigation. 3. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences Offenses and other Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 14, 1963, ; the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the The Hague on 16 December 16, 1970, and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 SeptemberSeptember 23, 1971 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at in Airports Serving serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971Aviation, signed at Montreal on 24 February 24, 1988, The the Convention on the Marking of Plastic explosives Explosives for the Purpose of Detection, signed at Montreal on 1 March 1, 1991, and provided both Contracting Parties are parties to said Conventions, as well as any other agreement governing Convention or Protocol regarding civil aviation security binding upon ratified by both Contracting Parties. 3. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities and any other relevant threat to the security of civil aviation. 4. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established set by the International Civil Aviation Organization and designated as annexes Annexes to the Convention to the extent that on International Civil Aviation, insofar as such security provisions are applicable to the Contracting Parties. 5. In addition, the Parties They shall require that operators of aircraft of their registry or registry, operators of aircraft who have their principal place of business or permanent residence in their Territory or territory or, in the case of the Portuguese Republic of Austria, operators of aircraft which are established in its territory under the EU treaties Treaties and have valid operating licences Operating Licences in accordance with the European Union law, and the operators of airports in their Territory territory act in conformity with such aviation security provisions as are applicable to the Partiesprovisions. 65. Each Contracting Party agrees that its operators of aircraft shall may be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied required by the other Contracting Party for entry into, departure from, or and while within the Territory territory of that the other Contracting Party. 7. Each Contracting Party shall ensure that adequate measures are effectively applied within its Territory territory to protect the aircraft and to security screen their inspect passengers, crew and crew, carry-on items and to carry out appropriate security checks on baggageitems, Cargo cargo, and aircraft stores stores, prior to and during boarding or loading. Each Contracting Party shall also agrees to give positive consideration to any request from the other Contracting Party for reasonable special aviation security measures to meet a particular threat. 86. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such passengers, crew, aircraft, their passengers and crewairports, airports and or air navigation facilities occurs, the Contracting Parties shall assist each one other by facilitating communications and other appropriate measures intended to terminate such incident or threat as rapidly as possible commensurate with minimum risk to life from and safely such incident or threat. 9. Each Party shall take such measures as it may find practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory is detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its passengers and crew. 107. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, the Aeronautical Authority aeronautical authorities of the first that Contracting Party may request immediate consultations with the Aeronautical Authority aeronautical authorities of the other Contracting Party. Such consultations shall start within fifteen (15) days of receipt of such a request from either Contracting Party. Failure to reach a satisfactory agreement on the issues involved within fifteen (15) 15 days from the date of such request shall constitute grounds for the application of paragraph (1) of Article 4 of this Agreement. Agreement (Revocation, Suspension or Limitation of Authorization) When required by an a serious emergency, a either Contracting Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) days. Any action taken in accordance with this paragraph shall be discontinued upon compliance by the other Party with the security provisions of this Articlea month period.

Appears in 1 contract

Samples: Air Services Agreement

Aviation Security. 1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 2. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed done at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed done at the The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against Against the Safety of Civil Aviation, signed done at Montreal on 23 SeptemberSeptember 1971, 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Aviation, done at Montreal on 23 September 1971, signed at Montreal on 24 February 1988, The and the Convention on the Marking of Plastic explosives Explosives for the Purpose of Detection, signed done at Montreal on 1 March 1991, 1991 and any other multilateral agreement governing civil aviation security binding upon both Contracting Parties. 3. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crewcrew members, airports and air navigation facilities facilities, and any other relevant threat to the security of civil aviation. 4. The Contracting Parties shall, in their mutual relations, shall act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as annexes Annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties. 5. In addition, the Parties ; they shall require that operators of aircraft of their registry or registry, operators of aircraft who have their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union lawterritory, and the operators of airports located in their Territory territory act in conformity with such aviation security provisions as are applicable provisions. Accordingly, each Contracting Party, upon request, shall provide the other Contracting Party notification of any difference between its national laws, regulations and practices and the aviation security standards of the Annexes referred to in this paragraph. Either Contracting Party may at any time request consultations, to be held without delay, with the Partiesother Contracting Party to discuss any such differences. 65. Each Contracting Party agrees that its operators of aircraft shall may be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied above required by the other Contracting Party for entry into, departure from, or while within the Territory territory of that other Contracting Party. 7. Each Contracting Party shall ensure that adequate measures are effectively applied within its Territory territory to protect the aircraft and to security screen their inspect passengers, crew and members, carry-on items and to carry out appropriate security checks on items, baggage, Cargo cargo, mail and aircraft stores prior to and during boarding or and loading. 6. Each Contracting Party also agrees to give positive consideration to shall, as far as may be practicable, meet any request from the other Contracting Party for reasonable special security measures to meet a particular threat. These special security measures shall remain in effect until alternative equivalent measures have been accepted by the Contracting Party requesting the measures. 7. Each Contracting Party shall have the right, within sixty (60) days following the serving of a notice, for its aeronautical authorities to conduct an assessment in the territory of the other Contracting Party of the security measures being carried out, or planned to be carried out, by aircraft operators in respect of flights arriving from, or departing to the territory of the first Contracting Party. The administrative arrangements, including the setting of specific dates for the conduct of such assessments, shall be mutually determined between the aeronautical authorities of both Contracting Parties and applied without delay so as to ensure that assessments will be conducted expeditiously. 8. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crewcrew members, airports and or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and taking other appropriate measures intended to terminate rapidly and safely such incident or threat as rapidly as possible commensurate with minimum risk to life from such incident or threatthereof. 9. Each Party shall take such measures as it may find practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory is detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its passengers and crew. 10. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the Aeronautical Authority of the first Party it may request immediate consultations. Such consultations with the Aeronautical Authority shall start within fifteen (15) days of the other Partyreceipt of such a request. Failure to reach a satisfactory agreement within fifteen (15) days from the date start of such request consultations shall constitute grounds for the application Contracting Party that requested the consultations to withhold, revoke, suspend or impose conditions on the authorizations of paragraph (1) the designated airlines of Article 4 of this Agreementthe other Contracting Party. When required justified by an emergency, a or to prevent further non-compliance with the provisions of this Article, the Contracting Party that believes that the other Contracting Party has departed from the provisions of this Article may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) days. Any action taken in accordance with this paragraph shall be discontinued upon compliance by the other Party with the security provisions of this Articleat any time.

Appears in 1 contract

Samples: Air Transport Agreement

Aviation Security. 1. Consistent with their rights and obligations under international law, the The Contracting Parties reaffirm that their obligation obligations to each other to protect provide for the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 2. Without limiting the generality of interference, and in particular their rights and obligations under international lawthe Convention, the Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 SeptemberSeptember 1971, 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971Aviation, signed at Montreal on 24 February 1988, The Convention on insofar as the Marking of Plastic explosives for the Purpose of DetectionContracting Parties are parties to these conventions, signed at Montreal on 1 March 1991, as well as all other conventions and any other agreement governing protocols relating to civil aviation security binding upon both Partiesof which Contracting Parties are parties. 32. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities facilities, and any other relevant threat to the security of civil aviation. 43. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established Standards and, so far as they are applied by them, the Recommended Practices estab- lished by the International Civil Aviation Organization ICAO and designated as annexes Annexes to the Convention Convention, to the extent that such security provisions are applicable to the Contracting Parties. 5. In addition, the The Contracting Parties shall require that operators of aircraft of their registry or registry, operators of aircraft who have their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union lawterritory, and the operators of airports in their Territory act territory, act, at least, in conformity with such aviation security provisions as are applicable to the Partiesprovisions. 64. Each Contracting Party shall ensure that effective measures are taken within its territory to protect aircraft, to screen passengers and their carry-on items, and to carry out appro- priate checks on crew, cargo (including hold baggage) and aircraft stores prior to and during boarding or loading and that those measures are adjusted to meet increases in the threat. Each Contracting Party agrees that its operators of aircraft shall their air carriers may be required to observe respect the aviation security provisions referred to in paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied 3 required by the other Party Contracting Party, for entry entrance into, departure from, or while within within, the Territory territory of that other Contracting Party. When a Contracting Party is informed of a specific threat for a specific flight or specific series of flights to or from the territory of the other Contracting Party, it shall inform the other Contracting Party, and special security measures may be decided by the first Contracting Party to take into account the specific threat, in accordance with paragraph 6. 5. The Contracting Parties agree to work towards achieving mutual recognition of each other's security standards. To this end, they shall establish administrative arrangements allowing for consultations on existing or planned aviation security measures and for cooperation and sharing of information on quality control measures implemented by the Contracting Parties. A Contracting Party may also request the cooperation of the other Contracting Party to assess whether particular security measures of that other Contracting Party meet the requirements of the requesting Contracting Party. Taking into account the results of the assessments, the requesting Contracting Party may decide that security measures of an equivalent standard are applied in the territory of the other Contracting Party in order that transfer passengers, transfer baggage, and/or transfer cargo may be exempted from re- screening in the territory of the requesting Contracting Party. Such a decision shall be communicated to the other Contracting Party. 76. Each Contracting Party shall ensure that measures are effectively applied within its Territory to protect the aircraft and to security screen their passengers, crew and carry-on items and to carry out appropriate security checks on baggage, Cargo and aircraft stores prior to boarding or loading. Each Party also agrees to give positive consideration to act favourably upon any request from the other Contracting Party for reasonable special security measures to meet a particular threat. Except in case of emergency, each Contracting Party will inform the other Contracting Party in advance of any special security measures it intends to introduce which could have a significant financial EN L 208/14 OfficialJournalof the EuropeanUnion 2.8.2013 or operational impact on the air transport services provided under this Agreement. Either Contracting Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 22 of this Agreement. 87. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports and or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat as rapidly as possible commensurate with minimum risk to life from such incident or threatthereof. 98. Each Contracting Party shall take such all measures as it may find finds practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory territory is detained thereon on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the lives basis of its passengers and crewmutual consultations. 109. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, the Aeronautical Authority of the first that Contracting Party may request immediate consultations with the Aeronautical Authority of the other Contracting Party. 10. Failure Without prejudice to Article 4, failure to reach a satisfactory satis- factory agreement within fifteen (15) days from the date of such request shall constitute grounds for to withhold, revoke, limit or impose conditions on the application operating authorisation of paragraph (1) one or more air carriers of Article 4 of this Agreementsuch other Contracting Party. 11. When required by an emergencyimmediate and extraordinary threat, a Contracting Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) days. 12. Without prejudice to the need to take immediate action in order to protect transport security, the Contracting Parties affirm that when considering security measures, each Contracting Party shall evaluate possible adverse economic and operational effects on the operation of air services under this Agreement and, unless constrained by law, shall take such factors into account when it determines what measures are necessary and appropriate to address those security concerns. 13. Any action taken in accordance with this paragraph the paragraphs 10 or 11 shall be discontinued upon compliance by the other Contracting Party with the security provisions of this Article. 14. Notwithstanding this Article, The Contracting Parties agree that no party will be obliged to reveal information, which may harm the national security of each of the Contracting Parties.

Appears in 1 contract

Samples: Euro Mediterranean Aviation Agreement

Aviation Security. 1. Consistent with their the rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 2. Without limiting the generality of their the rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Of Civil Aviation, signed at Montreal on 23 SeptemberSeptember 1971, 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971Aviation, signed at Montreal on of 24 February 1988, The 1988 and the Convention on the Marking of Plastic explosives Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, and 1991 or any other agreement governing civil aviation security binding upon both Parties. 3convention to which the two Contracting Parties may adhere. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities facilities, and any other relevant threat to the security of civil aviation. 4. The Parties shall, in their mutual relations, Contracting Parts shall act in conformity with the aviation security provisions and technical requirements established by the International Civil Aviation Organization and designated as annexes Annexes to the Convention to the extent that such security provisions and requirements are applicable to the Contracting Parties. 5. In addition, the Parties ; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union law, and the operators of airports in their Territory act in conformity with such aviation security provisions as are applicable to the Parties. 6provisions. Each Contracting Party agrees that its such operators of aircraft shall may be required to observe the aviation security provisions and requirements referred to in paragraph 4 above, including in the case 3 of the Portuguese Republic, European Union law, applied this Article required by the other Contracting Party for entry into, departure from, or while within the Territory territory of that other Contracting Party. 7. Each Under the law applicable each Contracting Party shall ensure that adequate measures are effectively applied within its Territory territory to protect the aircraft and to security screen their inspect passengers, crew and crew, carry-on items and to carry out appropriate security checks on items, baggage, Cargo cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also agrees to give positive sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat. 8. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat as rapidly as possible commensurate with minimum risk to life from such incident or threatthereof. 9. Each Party shall take such measures as it may find practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory is detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its passengers and crew. 10. When a Party has reasonable grounds to believe that the other Party has departed from the provisions of this Article, the Aeronautical Authority of the first Party may request immediate consultations with the Aeronautical Authority of the other Party. Failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds for the application of paragraph (1) of Article 4 of this Agreement. When required by an emergency, a Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) days. Any action taken in accordance with this paragraph shall be discontinued upon compliance by the other Party with the security provisions of this Article.

Appears in 1 contract

Samples: Air Services Agreement

Aviation Security. 1. Consistent Ukraine shall incorporate in its legislation and effectively implement the provisions contained in the European Civil aviation Conference (ECaC) Document 30, Part II, in accordance with their the transitional provisions stipulated in annex III to this agreement. In the context of the assessments provided for in article 33(2) of this agreement, European Commission inspectors may participate as observers in the inspections carried out by the Ukrainian competent authorities in airports located in the territory of Ukraine, according to a mechanism agreed by the two Parties. This agreement shall be without prejudice to the rights and obligations of Ukraine and the EU Member States under annex 17 to the Convention. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international lawair services, the Parties reaffirm that their obligation obligations to each other to protect provide for the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 2. Without limiting the generality of interference, and in particular their rights and obligations under international lawthe Convention, the Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts acts Committed on Board Aircraftaircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraftaircraft, signed at the The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts acts against the Safety of Civil Aviationaviation, signed at Montreal on 23 SeptemberSeptember 1971, 1971 and the Protocol for the Suppression of Unlawful Acts acts of Violence violence at Airports airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971aviation, signed at Montreal on 24 February 1988, The 1988 and the Convention on the Marking of Plastic explosives Explosives for the Purpose purpose of Detection, signed at Montreal on 1 March 1991, insofar as both Parties are parties to these conventions, as well as all other conventions and any other agreement governing protocols relating to civil aviation security binding upon of which both PartiesParties are parties. 3. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities facilities, and any other relevant threat to the security of civil aviation. 4. The Parties shall, in their mutual relations, act in conformity with the aviation security provisions Standards and, so far as they are applied by them, the Recommended Practices established by the International Civil Aviation Organization ICaO and designated as annexes to the Convention Convention, to the extent that such security provisions are applicable to the Parties. 5. In addition, the Both Parties shall require that operators of aircraft of their registry or registry, operators of aircraft who have their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union lawterritory, and the operators of airports in their Territory territory, act in conformity with such aviation security provisions as are applicable to the Partiesprovisions. 65. Each Party shall ensure that effective measures are taken within its territory to protect civil aviation against acts of unlawful interference, including, but not limited to, screening of passengers and their cabin baggage, screening of hold baggage and security controls for cargo and mail prior to boarding or loading of aircraft, as well as security controls for in-flight supplies and airport supplies and access control and screening of persons other than passengers upon entering to security restricted areas. Those measures shall be adjusted as necessary, to address vulnerabilities and threats in civil aviation. Each Party agrees that its operators of aircraft shall their air carriers may be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied this article required by the other Party Party, for entry into, departure from, from or while within the Territory territory of that other Party. 76. Each Party shall ensure that measures are effectively applied within its Territory to protect the aircraft and to security screen their passengers, crew and carry-on items and to carry out appropriate security checks on baggage, Cargo and aircraft stores prior to boarding or loading. Each Party also agrees to give positive consideration to any request from the other Party for reasonable special security measures to meet a particular threat. Except where not reasonably possible in case of emergency, each Party will inform the other Party in advance of any special security measures it intends to introduce which could have a significant financial or operational impact on the air transport services provided under this agreement. Either Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in article 29 of this agreement. 87. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports and or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate such incident or threat as rapidly as possible commensurate with minimum risk to life from and safely such incident or threat. 98. Each Party shall take such all measures as it may find finds practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory territory is detained thereon on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the lives basis of its passengers and crewmutual consultations. 109. When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Articlearticle, the Aeronautical Authority of the first that Party may shall request immediate consultations with the Aeronautical Authority of the other Party. 10. Failure Without prejudice to article 19 of this agreement, failure to reach a satisfactory agreement within fifteen (15) 15 days from the date of such request shall constitute grounds for to withhold, revoke, limit or impose conditions on the application operating authorisation of paragraph (1) one or more air carriers of Article 4 of this Agreementsuch other Party. 11. When required by an emergencyimmediate and extraordinary threat, a Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) 15 days. 12. Any any action taken in accordance with the paragraph 10 or 11 of this paragraph article shall be discontinued upon compliance by the other Party with the security full provisions of this Articlearticle.

Appears in 1 contract

Samples: Common Aviation Area Agreement

Aviation Security. 1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation Civil Aviation against acts of unlawful interference forms an and integral part of this Agreement. 2. , Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences Offenses and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 SeptemberSeptember 1971, 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Aviation, Supplementary to the Convention for or the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971Aviation, signed opened for signature at Montreal on 24 February 1988, The the Convention on the Marking of Plastic explosives Explosives for the Purpose of Detection, Detection signed at Montreal on 1 March 1991, 1991 and any other multilateral agreement governing civil aviation security binding upon both Contracting Parties., 32. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities facilities, and any other relevant threat to the security of civil aviation., 43. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as annexes Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Parties. 5. In addition, the Contracting Parties ; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union law, and the operators of airports in their Territory territory act in conformity with such aviation security provisions as are applicable provisions. In the present paragraph the reference to the Partiesaviation security provisions includes any difference notified by the concerned Contracting Party. Each Contracting Party shall give advance information to the other Contracting Party of its intention to notify any difference concerning these provisions. 64. Each Contracting Party agrees that its operators of aircraft shall may be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case 3 of the Portuguese Republic, European Union law, applied present Article required by the other Party Contracting Party, in conformity with Article 6 of the present Agreement for entry into, departure from, or while within the Territory territory of that other Contracting Party. 7. Each Contracting Party shall ensure that adequate measures are effectively applied within its Territory territory to protect the aircraft and to security screen their inspect passengers, crew and carry-on items and to carry out appropriate security checks on crews, their baggage, Cargo cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also agrees to give positive sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat., 85. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such passengers, crews, aircraft, their passengers and crew, airports and air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat as rapidly as possible commensurate with minimum risk to life from such incident or threatthereof. 9. Each Party shall take such measures as it may find practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory is detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its passengers and crew. 106. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this related to aviation security provided for in the present Article, the Aeronautical Authority of the first Contracting Party may request immediate consultations with the Aeronautical Authority other Contracting Party. Without prejudice to the provisions of Article 4 of the other Party. Failure present Agreement, failure to reach a satisfactory agreement within fifteen (15) days day from the date of such request shall constitute grounds for suspension of the application of paragraph (1) of Article 4 of this rights granted to the Contracting Parties under the present Agreement. When required by an emergencyemergency presenting a direct and exceptional threat to the security of passengers, crew or aircraft of one Contracting Party and if the other Contracting Party has not adequately fulfilled its obligations under paragraphs 4 and 5 of the present Article, a Contracting Party may take interim action under paragraph (1) of Article 4 prior immediately the appropriate provisional protection measures to xxxx off the expiry of fifteen (15) daysthreat. Any action taken in accordance with this the present paragraph shall be discontinued upon compliance by the other Contracting Party with the security provisions of this the present Article.

Appears in 1 contract

Samples: Air Services Agreement

AutoNDA by SimpleDocs

Aviation Security. (1. Consistent with their rights and obligations under international law, the Parties reaffirm ) Each Contracting Party reaffirms that their its obligation to each the other Contracting Party to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 2. Without limiting the generality of their rights and obligations under international law, the Parties Each Contracting Party shall in particular act in conformity with the aviation security provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 SeptemberSeptember 1971, 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971Aviation, signed at Montreal on 24 February 1988, The 1988 and the Convention on the Marking of Plastic explosives Explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, and any other agreement governing civil aviation security binding upon both Parties. 3. The Parties (2) Each Contracting Party shall provide upon be provided at its request with all necessary assistance to each by the other Contracting Party to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities facilities, and any other relevant threat to the security of civil aviation. 4. (3) The Contracting Parties shall, in their mutual relations, act in conformity with the applicable aviation security provisions established by the International Civil Aviation Organization Organisation and designated as annexes Annexes to the Convention to the extent that such security provisions are applicable to the Parties. 5Chicago Convention. In addition, the Parties Each Contracting Party shall require that operators of aircraft of their registry or its registry, operators of aircraft who have having their principal place of business or permanent residence in their Territory or its area, the operators of airports in its area, and in the case of the Portuguese Republic of Austria, operators of aircraft which are established in its territory area under the EU treaties Treaty on European Union and the Treaty on the Functioning of the European Union and have valid operating licences Operating Licences in accordance with the European Union law, and the operators of airports in their Territory act in conformity with such aviation security provisions as are applicable to the Partiesprovisions. 6. (4) Each Contracting Party agrees that its such operators of aircraft shall may be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case (3) of the Portuguese Republic, European Union law, applied this Article required by the other Contracting Party for entry into, departure from, or while within the Territory area of that other Contracting Party. 7. Each Contracting Party shall ensure that adequate measures are effectively applied within its Territory area to protect the aircraft and to security screen their inspect passengers, crew and crew, carry-on items and to carry out appropriate security checks on items, baggage, Cargo cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also agrees to give positive sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat. 8. (5) When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports and or air navigation facilities occurs, the Parties each Contracting Party shall assist each the other Contracting Party by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat as rapidly as possible commensurate with minimum risk to life from such incident or threatthereof. 9. Each Party shall take such measures as it may find practicable (6) Without prejudice to ensure that an aircraft Articles 17 (Consultation) and 18 (Settlement of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory is detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its passengers and crew. 10. When Disputes), when a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the provisions of this Article, the Aeronautical Authority of the first that Contracting Party may request immediate consultations. Such consultations with the Aeronautical Authority shall start within fifteen (15) days of the other Partyreceipt of such a request. Failure to reach a satisfactory agreement within fifteen (15) days from the date start of such request consultations shall constitute grounds for the application Contracting Party requesting consultations for withholding, revoking, suspending or imposing conditions on the authorizations of paragraph (1) of the airline or airlines designated by the other Contracting Party under Article 4 of this Agreement. When required justified by an emergency, a Party may take interim action under paragraph (1) of Article 4 prior or to the expiry of fifteen (15) days. Any action taken in accordance with this paragraph shall be discontinued upon prevent further non- compliance by the other Party with the security provisions of this Article, the Contracting Party requesting consultations may take appropriate interim action at any time.

Appears in 1 contract

Samples: Air Services Agreement

Aviation Security. 1. Consistent Ukraine shall incorporate in its legislation and effectively implement the provisions contained in the European Civil Aviation Conference (ECAC) Document 30, Part II, in accordance with their the transitional provisions stipulated in Annex III to this Agreement. In the context of the assessments provided for in Article 33(2) of this Agreement, European Commission inspectors may participate as observers in the inspections carried out by the Ukrainian competent authorities in airports located in the territory of Ukraine, according to a mechanism agreed by the two Parties. This Agreement shall be without prejudice to the rights and obligations of Ukraine and the EU Member States under Annex 17 to the Convention. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international lawair services, the Parties reaffirm that their obligation obligations to each other to protect provide for the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 2. Without limiting the generality of interference, and in particular their rights and obligations under international lawthe Convention, the Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 SeptemberSeptember 1971, 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971Aviation, signed at Montreal on 24 February 1988, The 1988 and the Convention on the Marking of Plastic explosives Explosives for the Purpose purpose of Detection, signed at Montreal on 1 March 1991, insofar as both Parties are parties to these conventions, as well as all other conventions and any other agreement governing protocols relating to civil aviation security binding upon of which both PartiesParties are parties. 3. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities facilities, and any other relevant threat to the security of civil aviation. 4. The Parties shall, in their mutual relations, act in conformity with the aviation security provisions Standards and, so far as they are applied by them, the Recommended Practices established by the International Civil Aviation Organization ICAO and designated as annexes Annexes to the Convention Convention, to the extent that such security provisions are applicable to the Parties. 5. In addition, the Both Parties shall require that operators of aircraft of their registry or registry, operators of aircraft who have their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union lawterritory, and the operators of airports in their Territory territory, act in conformity with such aviation security provisions as are applicable to the Partiesprovisions. 65. Each Party shall ensure that effective measures are taken within its territory to protect civil aviation against acts of unlawful interference, including, but not limited to, screening of passengers and their cabin baggage, screening of hold baggage and security controls for cargo and mail prior to boarding or loading of aircraft, as well as security controls for in-flight supplies and airport supplies and access control and screening of persons other than passengers upon entering to security restricted areas. Those measures shall be adjusted as necessary, to address vulnerabilities and threats in civil aviation. Each Party agrees that its operators of aircraft shall their air carriers may be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied this Article required by the other Party Party, for entry into, departure from, from or while within the Territory territory of that other Party. 76. Each Party shall ensure that measures are effectively applied within its Territory to protect the aircraft and to security screen their passengers, crew and carry-on items and to carry out appropriate security checks on baggage, Cargo and aircraft stores prior to boarding or loading. Each Party also agrees to give positive consideration to any request from the other Party for reasonable special security measures to meet a particular threat. Except where not reasonably possible in case of emergency, each Party will inform the other Party in advance of any special security measures it intends to introduce which could have a significant financial or operational impact on the air transport services provided under this Agreement. Either Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 29 of this Agreement. 87. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports and or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate such incident or threat as rapidly as possible commensurate with minimum risk to life from and safely such incident or threat. 98. Each Party shall take such all measures as it may find finds practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory territory is detained thereon on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the lives basis of its passengers and crewmutual consultations. 109. When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Article, the Aeronautical Authority of the first that Party may shall request immediate consultations with the Aeronautical Authority of the other Party. 10. Failure Without prejudice to Article 19 of this Agreement, failure to reach a satisfactory agreement within fifteen (15) 15 days from the date of such request shall constitute grounds for to withhold, revoke, limit or impose conditions on the application operating authorisation of paragraph (1) one or more air carriers of Article 4 of this Agreementsuch other Party. 11. When required by an emergencyimmediate and extraordinary threat, a Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) 15 days. 12. Any action taken in accordance with the paragraph 10 or 11 of this paragraph Article shall be discontinued upon compliance by the other Party with the security full provisions of this Article.

Appears in 1 contract

Samples: Common Aviation Area Agreement

Aviation Security. 1. Consistent with their rights and obligations under international law, the The Parties reaffirm affirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 2. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of the Convention on Offences Offenses and Certain Other Acts Committed on Board Aircraft, signed done at Tokyo on 14 September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed done at the The Hague on 16 December 16, 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed done at Montreal on 23 SeptemberSeptember 23, 1971 and 1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Aviation, done at Montreal on 23 September 1971February 24, signed at Montreal on 24 February 1988, The and the Convention on the Marking of Plastic explosives Explosives for the Purpose of Detection, signed done at Montreal on 1 March 1, 1991, and as well as with any other agreement governing convention relating to the security of civil aviation security that is binding upon on both Parties. 32. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, of their passengers and crew, and of airports and air navigation facilities facilities, and to address any other relevant threat to the security of civil aviationair navigation. 43. The Parties shall, in their mutual relations, act in conformity with the aviation security provisions standards and appropriate recommended practices established by the International Civil Aviation Organization and designated as annexes Annexes to the Convention to the extent that such security provisions are applicable to the Parties. 5. In addition, the Parties Convention; they shall require that operators of aircraft of their registry or registry, operators of aircraft who that have their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union lawterritory, and the operators of airports in their Territory territory act in conformity with such aviation security provisions as are applicable to the Partiesprovisions. 64. Each Party agrees that its such operators of aircraft shall may be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied required by the other Party for entry into, for departure from, or and while within the Territory territory of that other Party. 7. Each Party shall ensure that and to take adequate measures are effectively applied within its Territory to protect the aircraft and to security screen their inspect passengers, crew crew, and their baggage and carry-on items and to carry out appropriate security checks on baggageitems, Cargo as well as cargo and aircraft stores stores, prior to and during boarding or loading. Each Party shall also agrees to give positive consideration to any request from the other Party for reasonable special security measures to meet a particular threat. 85. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such passengers, crew, aircraft, their passengers and crew, airports and or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate such incident or threat as rapidly as possible commensurate with minimum risk to life from and safely such incident or threat. 96. Each Party shall take such measures as it may find practicable to ensure that an aircraft allow, within sixty (60) days following notice, the appropriate authorities of the other Party subjected to conduct an act assessment in the territory of unlawful seizure or other acts the first Party of unlawful interference which is on the ground security measures being carried out by aircraft operators in its Territory is detained thereon unless its departure is necessitated respect of flights between the territories of the Parties and those flights of aircraft operators with a registry in the territory of the Party conducting the assessment. The administrative arrangements for the conduct of such assessments shall be agreed between the appropriate authorities of the Parties and implemented without delay so as to ensure that assessments will be conducted expeditiously. The assessment reports will be held in confidence by the overriding duty to protect the lives of its passengers and crewParties. 107. With full regard for each Party’s responsibility for ensuring effective implementation of the Standards and appropriate Recommended Practices set forth in Annex 17 to the Convention, and as recognized in paragraph 3 of this Article, the Parties shall have the right, and shall provide all necessary assistance to each other, for their appropriate authorities to conduct technical airport security visits in the territory of the other Party for the purpose of verifying that the security measures required under Annex 17 to the Convention are effectively being carried out. The appropriate authorities of the Parties shall coordinate such visits, providing each other at least sixty (60) days written notice, to identify the airports to be visited, the dates of the visits, and the scope of each visit. The reports from technical airport security visits will be held in confidence by the Parties. 8. When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Article, the Aeronautical Authority aeronautical authorities of the first that Party may request immediate consultations with the Aeronautical Authority aeronautical authorities of the other Party. Failure to reach a satisfactory agreement within fifteen (15) 15 days from the date of such request shall constitute grounds for to withhold, revoke, suspend, limit, or impose conditions on the application operating authorization and technical permissions of paragraph (1) an airline or airlines of Article 4 of this Agreementthat Party. When required by an emergency, a Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) 15 days. Any action taken in accordance with this paragraph shall be discontinued upon compliance by the other Party with the security provisions of this Article.

Appears in 1 contract

Samples: Air Transport Agreement

Aviation Security. 1. Consistent with their rights and obligations under international law, the The Contracting Parties reaffirm that their obligation to each other to protect protect, in their mutual relationship, the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 2. Without limiting the generality of their rights and obligations under international law, the The Contracting Parties shall in particular provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of aircraft and other unlawful acts against the safety of passengers, crew, aircraft, airports and air navigation facilities and any other threat to aviation security. 3. The Contracting Parties shall act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the The Hague on 16 December 1970, 1970 and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September, 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971, signed at Montreal on 24 February 1988, The Convention on the Marking of Plastic explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, and any other agreement governing civil aviation security binding upon both Parties. 3. The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities and any other relevant threat to the security of civil aviation. 4. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Parties. 5. In addition, the Parties ; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union law, and the operators of airports in their Territory territory act in conformity with such aviation security provisions as are applicable to the Partiesprovisions. 65. Each Contracting Party agrees that its operators of aircraft shall be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied required by the other Contracting Party for entry into, departure from, or while within into the Territory territory of that other Party. 7. Each Contracting Party shall ensure that measures are effectively applied within its Territory to protect the aircraft and to security screen their take adequate measures to inspect passengers, crew and crew, their carry-on items and to carry out appropriate security checks on baggage, Cargo and aircraft stores as well as cargo prior to boarding or loading. Each Contracting Party shall also agrees to give positive consideration to any request from the other Contracting Party for reasonable special security measures for its aircraft or passengers to meet a particular threat. 86. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such passengers, crew, aircraft, their passengers and crew, airports and air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat as rapidly as possible commensurate with minimum risk to life from such incident or threatthereof. 97. Each Should a Contracting Party shall take such measures as it may find practicable to ensure that an aircraft depart from the aviation security provisions of this article, the aeronautical authorities of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory is detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its passengers and crew. 10. When a Party has reasonable grounds to believe that the other Party has departed from the provisions of this Article, the Aeronautical Authority of the first Contracting Party may request immediate consultations with the Aeronautical Authority aeronautical authorities of the other that Party. Failure to reach a satisfactory agreement within fifteen thirty (1530) days from the date of such request shall constitute will constitue grounds for the application of paragraph (1) of Article 4 5 of this Agreement. When required by an emergency, a Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) days. Any action taken in accordance with this paragraph shall be discontinued upon compliance by the other Party with the security provisions of this Article.

Appears in 1 contract

Samples: Air Transport Agreement

Aviation Security. (1. Consistent ) In accordance with their rights and obligations under international law, the Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 2. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions provi­ sions of the Convention on Offences Offenses and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the The Hague on 16 December 16, 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 SeptemberSeptember 23, 1971 1971,1 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 23, 1971, signed at Montreal on 24 February 198824, The Convention on the Marking of Plastic explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, and any other agreement governing civil aviation security binding upon both Parties.1988.2 3. (2) The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, of their passengers and crew, and of airports 1 TIAS 6768, 7192, 7570; 20 UST 2941; 22 UST 1641; 24 UST 564. 2 International Legal Materials, vol. XXVII, No. 3, May 1988, p. 625. TIAS 12850 and air navigation facilities facilities, and to address any other relevant threat to the security of civil aviationair navigation. 4. (3) The Parties shall, in their mutual relations, act in conformity with the aviation security provisions and appropriate recommended practices established by the International Civil Aviation Organization and designated as annexes Annexes to the Convention to the extent that such security provisions are applicable to the Parties. 5. In addition, the Parties Convention; they shall require that operators of aircraft of their registry or registry, operators of aircraft who have their principal place of business or permanent residence resi­ dence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union lawterritory, and the operators of airports in their Territory territory act in conformity con­ formity with such aviation security provisions as are applicable to the Partiesprovisions. 6. (4) Each Party agrees that its operators of aircraft shall be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied required by the other Party for entry into, for departure from, or and while within the Territory territory of that other Party. 7. Each Party shall ensure that and to take adequate measures are effectively applied within its Territory to protect the aircraft and to security screen their inspect passengers, crew crew, and their baggage and carry-on items and to carry out appropriate security checks on baggageitems, Cargo as well as cargo and aircraft stores stores, prior to and during boarding or loading. Each Party shall also agrees to give positive consideration to any request from the other Party for reasonable special security measures to meet a particular threat. 8. (5) When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such passengers, crew, aircraft, their passengers and crew, airports and or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate such incident or threat as rapidly as possible commensurate with minimum risk to life from and safely such incident or threat. 9. Each Party shall take such measures as it may find practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory is detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its passengers and crew. 10. (6) When a Party has reasonable grounds to believe that the other Party has departed from the aviation security provisions of this Article, the Aeronautical Authority aeronautical authorities of the first that Party may request immediate consultations with the Aeronautical Authority aero­ nautical authorities of the other Party. Failure to reach a satisfactory agreement within fifteen (15) 15 days from the date of such request shall constitute grounds for to with­ hold, revoke, limit, or impose conditions on the application operating authorization and tech­ nical permissions of paragraph (1) an airline or airlines of Article 4 of this Agreementthat Party. When required by an emergency, a Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) 15 days. Any action taken in accordance with this paragraph shall be discontinued upon compliance by the other Party with the security provisions of this Article.

Appears in 1 contract

Samples: Transport Services Agreement

Aviation Security. 1. Consistent In accordance with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral .integral part of this Agreement. 2. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences Offenses and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the The Hague on 16 December 16, 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 SeptemberSeptember 23, 1971 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation Aviation, done at Montreal on 23 September 1971February 24, signed at Montreal on 24 February 1988, The Convention on the Marking of Plastic explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, and any other agreement governing civil aviation security binding upon both Parties. 32. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, of their passengers and crew, and of airports and air navigation facilities facilities, and to address any other relevant threat to the security of civil aviationair navigation. 43. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions standards and appropriate recommended practices established by the International Civil Aviation Organization and designated as annexes Annexes to the Convention to the extent that such security provisions are applicable to the Parties. 5. In addition, the Parties Convention; they shall require that operators of aircraft of their registry or registry, operators of aircraft who have their principal place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union lawterritory, and the operators of airports in their Territory territory act in conformity with such aviation security provisions as are applicable to the Partiesprovisions. 64. Each Contracting Party agrees that its operators of aircraft shall be required to observe the aviation security provisions referred to in paragraph 4 above, including in the case of the Portuguese Republic, European Union law, applied required by the other Contracting Party for entry into, for departure from, or and while within the Territory territory of that other Party. 7. Each Contracting Party shall ensure that and to take adequate measures are effectively applied within its Territory to protect the aircraft and to security screen their I inspect passengers, crew crew, and their baggage and carry-on items and to carry out appropriate security checks on baggageitems, Cargo as well as cargo and aircraft stores stores, prior to and during boarding or loading. Each Contracting Party shall also agrees to give positive consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat. 85. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such passengers, crew, aircraft, their passengers and crew, airports and or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate such incident or threat as rapidly as possible commensurate with minimum risk to life from and safely such incident or threat. 9. Each Party shall take such measures as it may find practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory is detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its passengers and crew. 106. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, the Aeronautical Authority aeronautical authorities of the first that Contracting Party may request immediate consultations with the Aeronautical Authority aeronautical authorities of the other Contracting Party. Failure to reach a satisfactory agreement within fifteen (15) 15 days from the date of such request shall constitute grounds for to withhold, revoke, limit, or impose conditions on the application operating authorization and/or technical permissions of paragraph (1) an airline or airlines of Article 4 of this Agreementthat Contracting Party. When required by an emergency, a Contracting Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) 15 days. Any action taken in accordance with this paragraph shall be discontinued upon compliance by the other Party with the security provisions of this Article.

Appears in 1 contract

Samples: Air Transport Agreement

Aviation Security. 1. Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. 2. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall shall, in particular particular, act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, Aircraft signed at Tokyo on 14 September 1963, the Convention for the Suppression of on Unlawful Seizure of Aircraft, signed at the The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, Aviation signed at Montreal on 23 SeptemberSeptember 1971, 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September 1971, signed at Montreal on 24 February 1988, The Convention on the Marking of Plastic explosives for the Purpose of Detection, signed at Montreal on 1 March 1991, and any other agreement governing civil aviation security binding upon both Parties. 32. The Contracting Parties shall provide provide, upon request request, all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers passenger and crew, airports and air navigation facilities facilities, and any other relevant threat to the security of civil aviation. 43. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as annexes Annexes to the Convention Convention, to the extent that such security provisions are applicable to the Contracting Parties. 5. In addition, the Parties ; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal principle place of business or permanent residence in their Territory or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the EU treaties and have valid operating licences in accordance with the European Union law, and the operators of airports in their Territory territory, act in conformity with such aviation security provisions as are applicable to the Partiesprovisions. 64. Each Contracting Party agrees that its such operators of aircraft shall may be required to observe the aviation security provisions referred to in paragraph 4 3 above, including in the case of the Portuguese Republic, European Union law, applied required by the other Contracting Party for entry into, departure from, or while within the Territory territory of that other Contracting Party. 7. Each Contracting Party shall ensure that adequate measures are effectively applied within its Territory territory to protect the aircraft aircraft, and to security screen their inspect passengers, crew and crew, carry-on items and to carry out appropriate security checks on items, baggage, Cargo cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also agrees to give positive sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat. 85. When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports and or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat as rapidly as possible commensurate with minimum risk to life from such incident or threatthereof. 9. Each Party shall take such measures as it may find practicable to ensure that an aircraft of the other Party subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its Territory is detained thereon unless its departure is necessitated by the overriding duty to protect the lives of its passengers and crew. 10. When a Party has reasonable grounds to believe that the other Party has departed from the provisions of this Article, the Aeronautical Authority of the first Party may request immediate consultations with the Aeronautical Authority of the other Party. Failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds for the application of paragraph (1) of Article 4 of this Agreement. When required by an emergency, a Party may take interim action under paragraph (1) of Article 4 prior to the expiry of fifteen (15) days. Any action taken in accordance with this paragraph shall be discontinued upon compliance by the other Party with the security provisions of this Article.

Appears in 1 contract

Samples: Air Services Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!