Common use of Aviation Security Clause in Contracts

Aviation Security. 1. The Contracting Parties shall ensure that their legislation delivers, at a minimum, the standards specified in Part B of Annex III to this Agreement, under the conditions set out hereafter. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international air services, the Contracting Parties reaffirm their obligations to each other to provide for the security of civil aviation against acts of unlawful interference, and in particular their obligations under the Chicago Convention, 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, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988 and the Convention on the marking of plastic explosives for purpose of detection signed at Montreal on 1 March 1991, insofar as both Contracting Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security of which both Contracting Parties are 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 crew, airports and air navigation facilities, and any other threat to the security of civil aviation. 4. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security Standards and, so far as they are applied by them, the Recommended Practices established by the International Civil Aviation Organisation (ICAO) and designated as Annexes to the Chicago Convention, to the extent that such security provisions are applicable to the Contracting Parties. Both Contracting Parties shall require that operators of aircraft of their registry, operators who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory, act in conformity with such aviation security provisions. 5. 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 appropriate 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 their air carriers may be required to observe the aviation security provisions referred to in paragraph 4 required by the other Contracting Party, for entrance into, departure from, or while within, the territory of that other Contracting Party. 6. Each Contracting Party shall also 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 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 21 (The Joint Committee) of this Agreement. 7. 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 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 thereof. 8. Each Contracting Party shall take all measures it finds practicable to ensure that an aircraft subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its territory is detained 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 basis of mutual consultations. 9. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, that Contracting Party may request immediate consultations with the other Contracting Party. 10. Without prejudice to Article 4 (Refusal, Revocation, Suspension, Limitation of Authorisations) of this Agreement, failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds to withhold, revoke, limit or impose conditions on the operating authorisation of one or more air carriers of such other Contracting Party. 11. When required by an immediate and extraordinary threat, a Contracting Party may take interim action prior to the expiry of fifteen (15) days. 12. Any action taken in accordance with the paragraph 10 of this Article shall be discontinued upon compliance by the other Contracting Party with the provisions of this Article.

Appears in 2 contracts

Samples: Aviation Agreement, Aviation Agreement

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Aviation Security. 1. The Contracting Parties shall ensure that their legislation delivers, at a minimum, the standards specified in Part B of Annex III to this Agreement, under the conditions set out hereafterhere­ after. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international air services, the Contracting Parties reaffirm their obligations to each other to provide for the security of civil aviation against acts of unlawful interference, and in particular their obligations under the Chicago Convention, 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, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988 and the Convention on the marking of plastic explosives for purpose of detection signed at Montreal on 1 March 1991, insofar as both Contracting Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security of which both Contracting Parties are 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 crew, airports and air navigation facilities, and any other threat to the security of civil aviation. 4. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security Standards and, so far as they are applied by them, the Recommended Practices established estab­ lished by the International Civil Aviation Organisation (ICAO) and designated as Annexes to the Chicago Convention, to the extent that such security provisions are applicable to the Contracting Parties. Both Contracting Parties shall require that operators of aircraft of their registry, operators who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory, act in conformity with such aviation security provisions. 5. 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 appropriate 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 their air carriers may be required to observe the aviation security provisions referred to in paragraph 4 required by the other Contracting Party, for entrance into, departure from, or while within, the territory of that other Contracting Party. 6. Each Contracting Party shall also 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 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 21 (The Joint Committee) of this Agreement. 7. 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 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 thereof. 8. Each Contracting Party shall take all measures it finds practicable to ensure that an aircraft subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its territory is detained 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 basis of mutual consultations. 9. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, that Contracting Party may request immediate consultations with the other Contracting Party. 10. Without prejudice to Article 4 (Refusal, Revocation, Suspension, Limitation of Authorisations) of this Agreement, failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds to withhold, revoke, limit or impose conditions on the operating authorisation of one or more air carriers of such other Contracting Party. 11. When required by an immediate and extraordinary threat, a Contracting Party may take interim action prior to the expiry of fifteen (15) days. 12. Any action taken in accordance with the paragraph 10 of this Article shall be discontinued upon compliance by the other Contracting Party with the provisions of this Article.

Appears in 2 contracts

Samples: Aviation Agreement, Aviation Agreement

Aviation Security. 1. The Contracting Parties shall ensure that their legislation delivers, at a minimum, the standards specified in Part B of Annex III to this Agreement, under the conditions set out hereafter. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international air services, the Contracting Parties reaffirm their obligations to each other to provide for the security of civil aviation against acts of unlawful interference, and in particular their obligations under the Chicago Convention, 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 Unlawful Seizure of Aircraft, Aircraft signed at 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 September 1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Aviation signed at Montreal on 24 February 1988 1988, and the Convention on the marking Marking of plastic explosives Plastic Explosives for purpose the Purpose of detection signed Detection done at Montreal on 1 March 1991, insofar as both Contracting the Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security of to which both Contracting the Parties are parties. 32. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent address any threat to the security of civil aviation, including the prevention of 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 threat to the security of civil aviation. 43. The Contracting Parties shall, in their mutual relations, act in conformity conform with the aviation security Standards and, so far as they are applied by them, the Recommended Practices standards established by the International Civil Aviation Organisation (ICAO) and designated as Annexes to the Chicago Convention, to the extent that such security provisions are applicable to the Contracting Parties. Both Contracting Parties They shall require that operators of the aircraft of in their registryregistries, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory, act in conformity territory conform with such aviation security provisionsstandards. 54. Each Contracting Party shall ensure that effective measures are taken within its territory to protect aircraftcivil aviation against acts of unlawful interference, to screen including the screening of passengers and their carrycabin baggage, screening of hold baggage, screening and security controls for persons other than passengers (including crew) and their items carried, screening and security controls for cargo, mail, in-on itemsflight and airport supplies, and access control to carry out appropriate checks on crew, cargo (including hold baggage) airside and aircraft stores prior to and during boarding or loading and that those security restricted areas. Such measures are shall be adjusted to meet increases in the threatthreat to the security of civil aviation. Each Contracting Party agrees that their air carriers may be required to observe the aviation security provisions referred to in paragraph 4 required by another Party relating to the other Contracting Partyadmission to, for entrance into, departure fromoperating within, or while within, the departure from its territory of that other Contracting Partyaircraft must be observed. 65. With full regard and mutual respect for each other's sovereignty, a Party may adopt security measures for entry into its territory, as well as emergency measures, in order to meet a specific security threat, which should be communicated to the Party or Parties concerned without delay. Each Contracting Party shall also act favourably upon give positive consideration to any request from the other Contracting another Party for reasonable special security measures, and that other Party shall take into account the security measures to meet a particular threatalready applied by the first Party and any views that that first Party may offer. Except where not reasonably possible in case cases of emergency, each Contracting Party will shall inform the other Contracting Party or Parties concerned 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 Contracting Any Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 21 (The Joint Committee) 23. 6. Each Party recognises, however, that nothing in this Article limits the ability of this Agreementanother Party to refuse entry into its territory to any flight or flights that it deems to present a threat to its security. 7. Without prejudice to the need to take immediate action in order to protect aviation security, the Parties affirm that, when considering security measures, a Party shall evaluate possible adverse effects on international air transport 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. 8. When an incident or threat of an incident of unlawful seizure of civil aircraft (or threat thereof) or other unlawful acts against the safety of such aircraft, their passengers and passengers, crew, airports airports, or air navigation facilities occursoccur, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereofthreat. 89. Each Contracting Party shall take all measures it finds practicable to ensure that an aircraft subjected that is subject to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its territory is detained on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever Where practicable, such measures shall be taken on the basis of mutual consultationsconsultations with the Party or Parties concerned. 910. When a Contracting Party has reasonable grounds to believe that the other Contracting another Party has departed from not complied with the aviation security provisions of this Article, that Contracting the first Party may request immediate consultations with that other Party. Such consultations shall start within thirty (30) days from the other Contracting Party. 10date of receipt of such a request. Without prejudice to Article 4 (Refusal, Revocation, Suspension, Limitation of Authorisations) of this Agreement, failure Failure to reach a satisfactory agreement within fifteen (15) days or an agreed time period from the starting date of such request consultations shall constitute grounds for the Party that requested the consultations to withholdtake action to refuse, revoke, limit or suspend, impose conditions on on, or limit the operating authorisation or technical permissions of one or more air carriers of such that other Contracting Party. 11Party to ensure compliance with the provisions of this Article. When required by an immediate and extraordinary threatemergency, a Contracting or to prevent further non- compliance with this Article, the first Party may take interim action prior to refuse, revoke, suspend, impose conditions on, or limit the expiry operating authorisation or technical permissions of fifteen (15) daysair carriers of that other Party to ensure compliance with the provisions of this Article. 1211. Any action taken in accordance with the paragraph 10 of this Article by the first Party referred to in that paragraph shall be discontinued upon compliance with this Article by the other Contracting Party with the provisions of this Articleconcerned.

Appears in 2 contracts

Samples: Comprehensive Air Transport Agreement, Comprehensive Air Transport Agreement

Aviation Security. 1. The Contracting Parties shall ensure that Consistent with their legislation delivers, at a minimum, the standards specified in Part B of Annex III to this Agreement, rights and obligations under the conditions set out hereafter. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international air serviceslaw, the Contracting Parties reaffirm that their obligations obligation to each other to provide for protect the security of civil aviation against acts of unlawful interferenceinterference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, and the Contracting Parties shall in particular their obligations under act in conformity with the Chicago Convention, 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, Aviation signed at Montreal on 23 September 1971, the its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988 and the Convention on the marking of plastic explosives for purpose of detection signed at Montreal on 1 March 1991, insofar as both Contracting Parties are parties to these conventions, as well as all with any other conventions convention and protocols protocol relating to the security of civil aviation security of which both Contracting Parties are partiesadhere. 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, and any other threat to the security of civil aviation. 43. The Contracting Parties shall, in their mutual relations, relations act in conformity with the aviation security Standards and, so far as they are applied by them, the Recommended Practices provisions established by the International Civil Aviation Organisation (ICAO) ICAO and designated as Annexes Annex to the Chicago Convention, to the extent that such security provisions are applicable to the Contracting Parties. Both Contracting Parties ; they shall require that operators of aircraft of their registry, registry or operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory, territory act in conformity with such aviation security provisions. 5. Each Contracting Party shall ensure that effective measures are taken within advise the other Contracting Party of any difference between its territory national laws, regulations and practices and the aviation security standards of the Annexes to protect aircraft, the Convention. Either Contracting Party may request immediate consultation with the other Contracting Party at any time to screen passengers and their carry-on items, and to carry out appropriate 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 threatdiscuss any such difference. 4. Each Contracting Party agrees that their air carriers may the operators shall be required to observe the aviation security provisions referred to in paragraph 4 Paragraph (3) of this Article required by the other Contracting Party, Party for entrance entry into, /departure from, or while within, within the territory of that other Contracting Party. 6. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also act favourably upon give sympathetic consideration to 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 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 21 (The Joint Committee) of this Agreement. 75. 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 or air navigation facilities crew occurs, the aeronautical authorities of both Contracting Parties shall assist each other by facilitating communications facilitate communication and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof. 86. Each Contracting Party shall take all have the right, within 60 (sixty) days following notice for its aeronautical authorities to conduct an assessment in the territory of the other Contracting Party of the security measures it finds practicable 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 for the conduct of such assessments shall be agreed between the aeronautical authorities and implemented without delay so as to ensure that an aircraft subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its territory is detained on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall assessments will be taken on the basis of mutual consultationsconducted expeditiously. 97. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, that the first Contracting Party may request immediate consultations. Such consultations with the other shall start within 30 (thirty) days of receipt of such a request from either Contracting Party. 10. Without prejudice to Article 4 (Refusal, Revocation, Suspension, Limitation of Authorisations) of this Agreement, failure Failure to reach a satisfactory agreement within fifteen 30 (15thirty) days from the date start of such request consultation shall constitute continue grounds to withholdfor withholding, revokerevoking, limit suspending or impose imposing conditions on the operating authorisation authorizations of one or more air carriers of such the airline(s) designated by the other Contracting Party. 11. When required justified by an immediate and extraordinary threatemergency, a or to prevent further non-compliance with the provisions of this Article, the first Contracting Party may take interim action prior to the expiry of fifteen (15) daysat any time. 12. Any action taken in accordance with the paragraph 10 of this Article shall be discontinued upon compliance by the other Contracting Party with the provisions of this Article.

Appears in 1 contract

Samples: Air Services Agreement

Aviation Security. 1. The Contracting Parties shall ensure that their legislation delivers, at a minimum, the standards specified in Part B of Annex III to this Agreement, under the conditions set out hereafter. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international air services, the Contracting Parties reaffirm their obligations to each other to provide for the security of civil aviation against acts of unlawful interference, and in particular their obligations under the Chicago Convention, 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 Unlawful Seizure of Aircraft, Aircraft signed at 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 September 1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Aviation signed at Montreal on 24 February 1988 1988, and the Convention on the marking Marking of plastic explosives Plastic Explosives for purpose the Purpose of detection signed Detection done at Montreal on 1 March 1991, insofar as both Contracting the Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security of to which both Contracting the Parties are parties. 32. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent address any threat to the security of civil aviation, including the prevention of 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 threat to the security of civil aviation. 43. The Contracting Parties shall, in their mutual relations, act in conformity conform with the aviation security Standards and, so far as they are applied by them, the Recommended Practices standards established by the International Civil Aviation Organisation (ICAO) and designated as Annexes to the Chicago Convention, to the extent that such security provisions are applicable to the Contracting Parties. Both Contracting Parties They shall require that operators of the aircraft of in their registryregistries, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory, act in conformity territory conform with such aviation security provisionsstandards. 54. Each Contracting Party shall ensure that effective measures are taken within its territory to protect aircraftcivil aviation against acts of unlawful interference, to screen including the screening of passengers and their carrycabin baggage, screening of hold baggage, screening and security controls for persons other than passengers (including crew) and their items carried, screening and security controls for cargo, mail, in-on itemsflight and airport supplies, and access control to carry out appropriate checks on crew, cargo (including hold baggage) airside and aircraft stores prior to and during boarding or loading and that those security restricted areas. Such measures are shall be adjusted to meet increases in the threatthreat to the security of civil aviation. Each Contracting Party agrees that their air carriers may be required to observe the aviation security provisions referred to in paragraph 4 required by another Party relating to the other Contracting Partyadmission to, for entrance into, departure fromoperating within, or while within, the departure from its territory of that other Contracting Partyaircraft must be observed. 65. With full regard and mutual respect for each other's sovereignty, a Party may adopt security measures for entry into its territory, as well as emergency measures, in order to meet a specific security threat, which should be communicated to the Party or Parties concerned without delay. Each Contracting Party shall also act favourably upon give positive consideration to any request from the other Contracting another Party for reasonable special security measures, and that other Party shall take into account the security measures to meet a particular threatalready applied by the first Party and any views that that first Party may offer. Except where not reasonably possible in case cases of emergency, each Contracting Party will shall inform the other Contracting Party or Parties concerned 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 Contracting Any Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 21 (The Joint Committee) 23. 6. Each Party recognises, however, that nothing in this Article limits the ability of this Agreementanother Party to refuse entry into its territory to any flight or flights that it deems to present a threat to its security. 7. Without prejudice to the need to take immediate action in order to protect aviation security, the Parties affirm that, when considering security measures, a Party shall evaluate possible adverse effects on international air transport 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. 8. When an incident or threat of an incident of unlawful seizure of civil aircraft (or threat thereof) or other unlawful acts against the safety of such aircraft, their passengers and passengers, crew, airports airports, or air navigation facilities occursoccur, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereofthreat. 89. Each Contracting Party shall take all measures it finds practicable to ensure that an aircraft subjected that is subject to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its territory is detained on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever Where practicable, such measures shall be taken on the basis of mutual consultationsconsultations with the Party or Parties concerned. 910. When a Contracting Party has reasonable grounds to believe that the other Contracting another Party has departed from not complied with the aviation security provisions of this Article, that Contracting the first Party may request immediate consultations with that other Party. Such consultations shall start within thirty (30) days from the other Contracting Party. 10date of receipt of such a request. Without prejudice to Article 4 (Refusal, Revocation, Suspension, Limitation of Authorisations) of this Agreement, failure Failure to reach a satisfactory agreement within fifteen (15) days or an agreed time period from the starting date of such request consultations shall constitute grounds for the Party that requested the consultations to withholdtake action to refuse, revoke, limit or suspend, impose conditions on on, or limit the operating authorisation or technical permissions of one or more air carriers of such that other Contracting Party. 11Party to ensure compliance with the provisions of this Article. When required by an immediate and extraordinary threatemergency, a Contracting or to prevent further non-compliance with this Article, the first Party may take interim action prior to refuse, revoke, suspend, impose conditions on, or limit the expiry operating authorisation or technical permissions of fifteen (15) daysair carriers of that other Party to ensure compliance with the provisions of this Article. 1211. Any action taken in accordance with the paragraph 10 of this Article by the first Party referred to in that paragraph shall be discontinued upon compliance with this Article by the other Contracting Party with the provisions of this Articleconcerned.

Appears in 1 contract

Samples: Comprehensive Air Transport Agreement

Aviation Security. 1. The Contracting Parties shall ensure that their legislation delivers, at a minimum, the standards specified in Part B of Annex III to this Agreement, under the conditions set out hereafter. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international air services, the Contracting Parties reaffirm their obligations to each other to provide for the security of civil aviation against acts of unlawful interference, and in particular their obligations under the Chicago Convention, 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 Unlawful Seizure of Aircraft, Aircraft signed at 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 September 1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Aviation signed at Montreal on 24 February 1988 1988, and the Convention on the marking Marking of plastic explosives Plastic Explosives for purpose the Purpose of detection signed Detection done at Montreal on 1 March 1991, insofar as both Contracting the Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security of to which both Contracting the Parties are parties. 32. The Contracting Parties shall provide upon request all necessary assistance to each other to prevent address any threat to the security of civil aviation, including the prevention of 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 threat to the security of civil aviation. 43. The Contracting Parties shall, in their mutual relations, act in conformity conform with the aviation security Standards and, so far as they are applied by them, the Recommended Practices standards established by the International Civil Aviation Organisation (ICAO) and designated as Annexes to the Chicago Convention, to the extent that such security provisions are applicable to the Contracting Parties. Both Contracting Parties They shall require that operators of the aircraft of in their registryregistries, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory, act in conformity territory conform with such aviation security provisionsstandards. 54. Each Contracting Party shall ensure that effective measures are taken within its territory to protect aircraftcivil aviation against acts of unlawful interference, to screen including the screening of passengers and their carrycabin baggage, screening of hold baggage, screening and security controls for persons other than passengers (including crew) and their items carried, screening and security controls for cargo, mail, in-on itemsflight and airport supplies, and access control to carry out appropriate checks on crew, cargo (including hold baggage) airside and aircraft stores prior to and during boarding or loading and that those security restricted areas. Such measures are shall be adjusted to meet increases in the threatthreat to the security of civil aviation. Each Contracting Party agrees that their air carriers may be required to observe the aviation security provisions referred to in paragraph 4 required by another Party relating to the other Contracting Partyadmission to, for entrance into, departure fromoperating within, or while within, the departure from its territory of that other Contracting Partyaircraft must be observed. 65. With full regard and mutual respect for each other’s sovereignty, a Party may adopt security measures for entry into its territory, as well as emergency measures, in order to meet a specific security threat, which should be communicated to the Party or Parties concerned without delay. Each Contracting Party shall also act favourably upon give positive consideration to any request from the other Contracting another Party for reasonable special security measures, and that other Party shall take into account the security measures to meet a particular threatalready applied by the first Party and any views that that first Party may offer. Except where not reasonably possible in case cases of emergency, each Contracting Party will shall inform the other Contracting Party or Parties concerned 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 Contracting Any Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 21 (The Joint Committee) 23. 6. Each Party recognises, however, that nothing in this Article limits the ability of this Agreementanother Party to refuse entry into its territory to any flight or flights that it deems to present a threat to its security. 7. Without prejudice to the need to take immediate action in order to protect aviation security, the Parties affirm that, when considering security measures, a Party shall evaluate possible adverse effects on international air transport 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. 8. When an incident or threat of an incident of unlawful seizure of civil aircraft (or threat thereof) or other unlawful acts against the safety of such aircraft, their passengers and passengers, crew, airports airports, or air navigation facilities occursoccur, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereofthreat. 89. Each Contracting Party shall take all measures it finds practicable to ensure that an aircraft subjected that is subject to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its territory is detained on the ground unless its departure is necessitated by the overriding duty to protect human life. Wherever Where practicable, such measures shall be taken on the basis of mutual consultationsconsultations with the Party or Parties concerned. 910. When a Contracting Party has reasonable grounds to believe that the other Contracting another Party has departed from not complied with the aviation security provisions of this Article, that Contracting the first Party may request immediate consultations with that other Party. Such consultations shall start within thirty (30) days from the other Contracting Party. 10date of receipt of such a request. Without prejudice to Article 4 (Refusal, Revocation, Suspension, Limitation of Authorisations) of this Agreement, failure Failure to reach a satisfactory agreement within fifteen (15) days or an agreed time period from the starting date of such request consultations shall constitute grounds for the Party that requested the consultations to withholdtake action to refuse, revoke, limit or suspend, impose conditions on on, or limit the operating authorisation or technical permissions of one or more air carriers of such that other Contracting Party. 11Party to ensure compliance with the provisions of this Article. When required by an immediate and extraordinary threatemergency, a Contracting or to prevent further non-compliance with this Article, the first Party may take interim action prior to refuse, revoke, suspend, impose conditions on, or limit the expiry operating authorisation or technical permissions of fifteen (15) daysair carriers of that other Party to ensure compliance with the provisions of this Article. 1211. Any action taken in accordance with the paragraph 10 of this Article by the first Party referred to in that paragraph shall be discontinued upon compliance with this Article by the other Contracting Party with the provisions of this Articleconcerned.

Appears in 1 contract

Samples: Comprehensive Air Transport Agreement

Aviation Security. 1. The Contracting Parties shall ensure Consistent with their rights and obligations under international law, each Party reaffirms that their legislation delivers, at a minimum, its obligation to the standards specified in Part B of Annex III other Party to this Agreement, under the conditions set out hereafter. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international air services, the Contracting Parties reaffirm their obligations to each other to provide for protect the security of civil aviation against acts of unlawful interferenceinterference forms an integral part of this Agreement. 2. Without limiting or derogating the generality of its rights and obligations in terms of international law, and each Party shall in particular their obligations under act in conformity with the Chicago Convention, provisions of: a) the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, ; b) the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The the Hague on 16 December 1970, ; c) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, the and its Suplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation,; d) and the Convention on Marking of Plastic Explosives for the purpose of detection, signed at Montreal on 24 February 1988 and the Convention on the marking of plastic explosives for purpose of detection signed at Montreal on 1 March 1, 1991, insofar as both Contracting Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security of which both Contracting Parties are 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 acts of unlawful acts interference against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation. 4. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security Standards and, so far as they are applied by them, the Recommended Practices provisions established by the International Civil Aviation Organisation (ICAO) Organization and designated as Annexes to the Chicago Convention, Convention on International Civil Aviation to the extent that such security provisions are applicable to the Contracting both Parties. Both Contracting Parties They shall require that operators of aircraft of their registry, registry or operators of aircraft who have their principal place of business or permanent residence in their territoryrespective territories, or in the case of the Portuguese Republic operators of aircraft which are established in its territory under the European Union Treaties and have received valid Operating Licenses in accordance with European Union Law, and the operators of airports in their territoryrespective territories, act in conformity with such aviation security provisionsprovisions as are applicable to both Parties. 5. 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 appropriate 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 their air carriers may its operators of aircraft shall be required to observe the aviation security provisions referred to in paragraph 4 required applied by the other Contracting Party, Party for entrance entry into, sojourn in or departure from the territory of that other Party. For departure from, or while within, the territory of that other Contracting Party. 6the Portuguese Republic, operators of aircraft shall be required to observe aviation security provisions in conformity with European Union law. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to apply security controls to passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding and loading. Each Party shall also act favourably upon give positive consideration to any request from the other Contracting Party for reasonable special security measures in its territory 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 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 21 (The Joint Committee) of this Agreement. 76. 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 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 thereof. 87. Each Contracting Party shall take all measures it finds practicable to ensure that an aircraft subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its territory is detained 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 basis of mutual consultations. 9. When If a Contracting Party has reasonable grounds to believe that occasional problems in the other Contracting Party has departed from context of the aviation present Article on security provisions of this Articlecivil aviation, that Contracting Party the aeronautical authorities of both Parties may request immediate consultations with the aeronautical authorities of the other Contracting Party. 10. Without prejudice to Article 4 (Refusal, Revocation, Suspension, Limitation of Authorisations) of this Agreement, failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds to withhold, revoke, limit or impose conditions on the operating authorisation of one or more air carriers of such other Contracting Party. 11. When required by an immediate and extraordinary threat, a Contracting Party may take interim action prior to the expiry of fifteen (15) days. 12. Any action taken in accordance with the paragraph 10 of this Article shall be discontinued upon compliance by the other Contracting Party with the provisions of this Article.

Appears in 1 contract

Samples: Air Services Agreement

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Aviation Security. 1. The Contracting Parties shall ensure that Consistent with their legislation delivers, at a minimum, the standards specified in Part B of Annex III to this Agreement, rights and obligations under the conditions set out hereafter. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international air serviceslaw, the Contracting Parties reaffirm their obligations obligation to each other to provide for protect the security of civil aviation against acts of unlawful interference. Without limiting the generality of their rights and obligations under inte rnational law, and the Contracting Parties shall in particular their obligations under act in conformity with the Chicago Convention, 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 U nlawful 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 o f 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 on 23 1971, signed at Montreal on 24 February 1988 and the Convention on the marking of plastic explosives for purpose of detection signed at Montreal on 1 March 1991, insofar as both Contracting Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security of which both Contracting Parties are parties1988. 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 acts of unlawful acts interference against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation. 4. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security Standards and, so far as they are applied by them, the Recommended Practices established by the International Civil Aviation Organisation (ICAO) and designated as Annexes to the Chicago Convention, to the extent that such security provisions are applicable to the Contracting Parties. Both Contracting Parties shall require that operators of aircraft of their registry, operators who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory, act in conformity with such aviation security provisions. 5. 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 appropriate 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 their air carriers may be required to observe the aviation security provisions referred to in paragraph 4 required by the other Contracting Party, for entrance into, departure from, or while within, the territory of that other Contracting Party. 6. Each Contracting Party shall also 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 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 21 (The Joint Committee) of this Agreement. 73. 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 crew, airports or air navigation facilities occurs, occurs the Contracting Parties shall shall, in mutual consultations, assist each other by facilitating communications and other appropriate measures intended to terminate as rapidly and safely as commensurate with minimum risk to life such incident or threat thereof. 84. Each Contracting Party shall take all measures measures, as it finds practicable may find practicable, to ensure that an aircraft subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground groun d in its territory is detained on the ground unless its departure is necessitated by the overriding duty to protect human lifethe lives of its crew and passengers. Wherever practicable, such measures shall be taken on the basis of mutual consultations. 95. When a 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 to the extent that such security provisions are applicable to 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 and the operators of airports in their ter ritory act in conformity with such aviation security provisions. 6. Each Contracting Party has reasonable grounds agrees that such operators of aircraft may be required to believe observe the aviation security provisions referred to in paragraph 5 above required by the other Contractin g Party for entry into, departure from, or while within, the territory of that other Contracting Party. Each Contracting Party shall ensure that measures are effectively applied within its territory to protect the aircraft and to screen passengers, crew and carry -on items and to carry out appropriate security checks on baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall look favorably on any request from the other Contracting Party has departed for reasonable special security measures to meet a particular threat. 7. Should a Contracting Party depart from the aviation security provisions of this Article, that the aeronautical authorities of the other Contracting Party party may request immediate consultations with the other aeronauti cal authorities of the former Contracting Party. 10. Without prejudice to Article 4 (Refusal, Revocation, Suspension, Limitation of Authorisations) of this Agreement, failure Failure to reach a satisfactory agreement within fifteen (15) days from one month of the date of such request shall constitute grounds to withholdfor withholding, revokerevoking, limit limiting or impose imposing conditions on the operating authorisation authorization of one an airline or more air carriers airlines of such other the former Contracting Party. 11. When If required by an immediate and extraordinary threata serious emergency, a either Contracting Party may take interim action prior to the expiry of fifteen (15) daysthe month. 12. Any action taken in accordance with the paragraph 10 of this Article shall be discontinued upon compliance by the other Contracting Party with the provisions of this Article.

Appears in 1 contract

Samples: Air Transport Agreement

Aviation Security. 1. The Contracting Subject to the transitional provisions set out in annex I, the Parties shall ensure that their legislation deliversrelevant legislation, at a minimum, rules or procedures comply with the regulatory requirements and standards relating to aviation security specified in annex II, Part B C. 2. armenia may be subjected to a European Commission inspection in accordance with the relevant European Union aviation security legislation specified in annex II, Part C. The Parties shall establish the necessary mechanism for the exchange of Annex III to this Agreement, under information on the conditions set out hereafterresults of such security inspections. 23. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition precondition for the operation of international air services, the Contracting Parties reaffirm their obligations to each other to provide for the security of civil aviation against acts of unlawful interference, and in particular their obligations under the Chicago Convention, 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 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 September 1971, the Protocol for the Suppression of Unlawful Acts acts of Violence at Airports airports Serving International Civil Aviationaviation, signed at Montreal on 24 February 1988 and the Convention on the marking Marking of plastic explosives Plastic Explosives for purpose of detection Detection, signed at Montreal on 1 March 1991, insofar as both Contracting Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security of which both Contracting the Parties are parties. 34. 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, and any other threat to the security of civil aviation. 45. The Contracting Where not provided for in the regulatory requirements and standards relating to aviation security specified in annex II, Part C, the Parties shall, in their mutual relations, act in conformity with the international aviation security Standards and, so far as they are applied by them, the Recommended Practices standards and appropriate recommended practices established by the International Civil Aviation Organisation (ICAO) and designated as Annexes to the Chicago Convention, to the extent that such security provisions are applicable to the Contracting Parties. ICaO. Both Contracting Parties shall require that operators of aircraft of their registry, operators who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory, act in conformity with such aviation security provisions. 56. Each Contracting Party shall ensure that effective measures are taken within its territory to protect aircraftcivil aviation against acts of unlawful interference, to screen including, but not limited to, screening of passengers and their carry-on itemscabin baggage, screening of hold baggage, screening and security controls for persons other than passengers, including crew, and their items carried, screening and security controls for cargo, mail, in-flight and airport supplies, and access control to carry out appropriate checks on crew, cargo (including hold baggage) airside and aircraft stores prior to and during boarding or loading and that those security restricted areas. Those measures are shall be adjusted to meet increases in the threatthreat to the security of civil aviation. Each Contracting Party agrees that their air carriers may be required to observe the aviation security provisions referred to in paragraph 4 paragraphs 1 and 5 and other security provisions required by the other Contracting Party, for entrance into, departure from, from or while within, within the territory of that other Contracting Party. 67. With full regard and mutual respect for each other’s sovereignty, a Party may adopt security measures for entry into its territory, as well as emergency measures, in order to meet a specific security threat, which should be communicated to the other Party without delay. Each Contracting Party shall also act favourably upon give positive consideration to any request from the other Contracting Party for reasonable special security measures, and the first Party shall take into account the security measures already applied by the other Party and any views that the other Party may offer. Each Party recognises, however, that nothing in this article limits the ability of a Party to meet refuse entry into its territory of any flight or flights that it deems to present a particular threatthreat to its security. Except where not reasonably possible 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 or operational impact on the air transport services provided under this Agreementagreement. Either Contracting Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 21 (The Joint Committee) of this Agreementarticle 23. 78. 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 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 thereofthreat. 89. Each Contracting Party shall take all measures it finds practicable to ensure that an aircraft subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its territory is detained 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 basis of mutual consultations. 910. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Articlearticle, that Contracting Party may shall request immediate consultations with the other Contracting Party. Such consultations shall start within 30 days of receipt of such request. 1011. Without prejudice to Article 4 (Refusal, Revocation, Suspension, Limitation of Authorisations) of this Agreementarticle 5, failure to reach a satisfactory agreement within fifteen (15) 30 days from the starting date of such request consultations or such longer period as may be agreed shall constitute grounds to withhold, revoke, limit or impose conditions on the operating authorisation of one or more air carriers of such other Contracting Party. 1112. When required by an immediate and extraordinary threat, a Contracting Party may take immediate interim action prior to the expiry of fifteen (15) daysaction. 1213. Any any action taken in accordance with the paragraph 10 of this Article 11 shall be discontinued upon compliance by the other Contracting Party with the provisions of this Articlearticle.

Appears in 1 contract

Samples: Common Aviation Area Agreement

Aviation Security. 1. The Contracting Parties shall ensure that In accordance with their legislation delivers, at a minimum, the standards specified in Part B of Annex III to this Agreement, rights and obligations under the conditions set out hereafter. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international air serviceslaw, the Contracting Parties reaffirm that their obligations obligation to each other to provide for protect the security of civil aviation against acts of unlawful interferenceinterference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall act in conformity with all international agreements on aviation security ratified by both Contracting Parties and shall in particular their obligations under act in conformity with the Chicago Convention, 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 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 September 23, 1971, and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed done at Montreal on 24 February 1988 and the Convention on the marking of plastic explosives for purpose of detection signed at Montreal on 1 March 199124, insofar as both Contracting Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security of which both Contracting Parties are parties1988. 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, and to address any other threat to the security of civil aviationair navigation. 43. The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security Standards and, so far as they are applied by them, the Recommended Practices standards and appropriate recommended practices established by the International Civil Aviation Organisation (ICAO) Organization and designated as Annexes to the Chicago Convention, to the extent that such security provisions are applicable to the Contracting Parties. Both Contracting Parties ; they shall require that operators of aircraft of their registry, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory, territory act in conformity with such aviation security provisions. 54. Each Contracting Party shall ensure agrees to observe the security provisions required by the other Contracting Party for entry into, for departure from, and while within the territory of that effective other Contracting Party and to take adequate measures are taken within its territory to protect aircraftaircraft and to inspect passengers, to screen passengers crew, and their baggage and carry-on items, and to carry out appropriate checks on crew, as well as cargo (including hold baggage) and aircraft stores 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 their air carriers may be required to observe the aviation security provisions referred to in paragraph 4 required by the other Contracting Party, for entrance into, departure from, or while within, the territory of that other Contracting Party. 6loading. Each Contracting Party shall also act favourably upon give positive consideration to 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 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 21 (The Joint Committee) of this Agreement. 75. 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 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 thereofthreat. 8. Each Contracting Party shall take all measures it finds practicable to ensure that an aircraft subjected to an act of unlawful seizure or other acts of unlawful interference which is on the ground in its territory is detained 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 basis of mutual consultations. 96. 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 authorities of that Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party. 10. Without prejudice to Article 4 (Refusal, Revocation, Suspension, Limitation of Authorisations) of this Agreement, failure Failure to reach a satisfactory agreement within fifteen (15) 15 days from the date of such request shall constitute grounds to withhold, revoke, limit limit, or impose conditions on the operating authorisation authorization and technical permissions of one an airline or more air carriers airlines of such other that Contracting Party. 11. When required by an immediate and extraordinary threatemergency, a Contracting Party may take interim action prior to the expiry of fifteen (15) 15 days. 12. Any action taken in accordance with the paragraph 10 of this Article shall be discontinued upon compliance by the other Contracting Party with the provisions of this Article.

Appears in 1 contract

Samples: Air Transport Agreement

Aviation Security. 1. The Contracting Parties shall ensure that Consistent with their legislation delivers, at a minimum, the standards specified in Part B of Annex III to this Agreement, rights and obligations under the conditions set out hereafter. 2. The assurance of safety for civil aircraft, their passengers and crew being a fundamental pre-condition for the operation of international air serviceslaw, the Contracting Parties reaffirm that their obligations obligation to each other to provide for protect the security of civil aviation against acts of unlawful interferenceinterference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, and the Contracting Parties shall in particular their obligations under act in conformity with the Chicago Convention, 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 September 1971, 1971 and the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24 February 1988 and all other international instruments in the Convention on same field which the marking of plastic explosives for purpose of detection signed at Montreal on 1 March 1991, insofar as both Contracting Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security of which both Contracting may be Parties are partiesto. 32. The Contracting Parties shall 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 and crew, airports and air navigation facilities, and any other threat to the security of civil aviation. 43. The Contracting Parties shall, in their mutual relations, act in conformity with the Standards and Recommended Practices relating to aviation security Standards and, so far as they are applied by them, the Recommended Practices established by the International Civil Aviation Organisation Organization (hereinafter referred to as ICAO) and designated Designated as Annexes to the Chicago Convention, to the extent that such security provisions Standards and Recommended Practices are applicable to the Contracting Parties. Both Contracting Parties ; they shall require that operators of aircraft of their registry, registry and operators of aircraft who have their principal place of business or permanent residence in their territory, Territory and the operators of airports airport in their territory, Territory act in conformity with such aviation security provisions. 5. 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 appropriate 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 threat4. Each Contracting Party agrees that their air carriers such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 4 3 above, required by the other Contracting Party, Party for entrance entry into, departure from, or while within, within the territory Territory of that the other Contracting Party. 65. Each Contracting Party shall ensure that adequate measures are effectively applied within its Territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also act favourably upon give positive consideration to 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 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 21 (The Joint Committee) of this Agreement. 76. 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 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 thereof. 87. Each Contracting Party shall take all measures measures, as it finds practicable may find practicable, to ensure that an aircraft subjected to an act of unlawful seizure or other acts of unlawful interference interference, which is on the ground has landed in its territory Territory is detained 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 basis of mutual consultations. 9. When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, that Contracting Party may request immediate consultations with the other Contracting Party. 10. Without prejudice to Article 4 (Refusal, Revocation, Suspension, Limitation of Authorisations) of this Agreement, failure to reach a satisfactory agreement within fifteen (15) days from the date of such request shall constitute grounds to withhold, revoke, limit or impose conditions on the operating authorisation of one or more air carriers of such other Contracting Party. 11. When required by an immediate and extraordinary threat, a Contracting Party may take interim action prior to the expiry of fifteen (15) days. 12. Any action taken in accordance with the paragraph 10 of this Article shall be discontinued upon compliance by the other Contracting Party with the provisions of this Article.

Appears in 1 contract

Samples: Air Services Agreement

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