Common use of Aviation Security Clause in Contracts

Aviation Security. 1. The 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 the Purpose of Detection done at Montreal on 1 March 1991, insofar as the Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security to which the Parties are parties. 2. The Parties shall provide upon request all necessary assistance to each other to 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. 3. The Parties shall, in their mutual relations, conform with the aviation security standards established by the ICAO. They shall require that operators of the aircraft in their registries, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory conform with such aviation security standards. 4. Each Party shall ensure that effective measures are taken within its territory to protect civil aviation against acts of unlawful interference, including the screening of passengers and their cabin 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 airside and security restricted areas. Such measures shall be adjusted to meet increases in the threat to the security of civil aviation. Each Party agrees that the security provisions required by another Party relating to the admission to, operating within, or departure from its territory of aircraft must be observed. 5. 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 Party shall give positive consideration to any request from another Party for reasonable special security measures, and that other Party shall take into account the security measures already applied by the first Party and any views that that first Party may offer. Except where not reasonably possible in cases of emergency, each Party shall inform the 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. Any Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 23. 6. Each Party recognises, however, that nothing in this Article limits the ability of another 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 unlawful seizure of civil aircraft (or threat thereof) or other unlawful acts against the safety of aircraft, passengers, crew, airports, or air navigation facilities occur, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat. 9. Each Party shall take all measures it finds practicable to ensure that an aircraft 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. Where practicable, such measures shall be taken on the basis of mutual consultations with the Party or Parties concerned. 10. When a Party has reasonable grounds to believe that another Party has not complied with the provisions of this Article, the first Party may request immediate consultations with that other Party. Such consultations shall start within thirty (30) days from the date of receipt of such a request. Failure to reach a satisfactory agreement within fifteen (15) days or an agreed time period from the starting date of such consultations shall constitute grounds for the Party that requested the consultations to take action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions of air carriers of that other Party to ensure compliance with the provisions of this Article. When required by an emergency, or to prevent further non- compliance with this Article, the first Party may take interim action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions of air carriers of that other Party to ensure compliance with the provisions of this Article. 11. Any action taken in accordance with 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 Party concerned.

Appears in 2 contracts

Sources: Comprehensive Air Transport Agreement, 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 the Purpose purpose of Detection done detection signed at Montreal on 1 March 1991, insofar as the both Contracting Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security to of which the both Contracting Parties are parties. 23. The Contracting Parties shall provide upon request all necessary assistance to each other to address any threat to the security of civil aviation, including the prevention of 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. 34. The Contracting Parties shall, in their mutual relations, conform act in conformity with the aviation security standards 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. They Both Contracting Parties shall require that operators of the aircraft in of their registriesregistry, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory conform territory, act in conformity with such aviation security standardsprovisions. 45. Each Contracting Party shall ensure that effective measures are taken within its territory to protect civil aviation against acts of unlawful interferenceaircraft, including the screening of to screen passengers and their cabin baggagecarry-on items, screening of and to carry out appropriate checks on crew, cargo (including hold baggage, screening and security controls for persons other than passengers (including crew) and their items carried, screening aircraft stores prior to and security controls for cargo, mail, in-flight during boarding or loading and airport supplies, and access control to airside and security restricted areas. Such that those measures shall be are adjusted to meet increases in the threat to the security of civil aviationthreat. 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 admission toother Contracting Party, operating for entrance into, departure from, or while within, or departure from its the territory of aircraft must be observedthat other Contracting Party. 5. 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 delay6. Each Contracting Party shall give positive consideration to also act favourably upon any request from another the other Contracting Party for reasonable special security measures, and that other Party shall take into account the security measures already applied by the first Party and any views that that first Party may offerto meet a particular threat. Except where not reasonably possible in cases case of emergency, each Contracting Party shall will 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. Any Either Contracting Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 23. 6. Each Party recognises, however, that nothing in 21 (The Joint Committee) of this Article limits the ability of another Party to refuse entry into its territory to any flight or flights that it deems to present a threat to its securityAgreement. 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, passengers, their passengers and crew, airports, airports or air navigation facilities occuroccurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threatthreat thereof. 98. Each Contracting Party shall take all measures it finds practicable to ensure that an aircraft that is subject 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. Where Wherever practicable, such measures shall be taken on the basis of mutual consultations with the Party or Parties concernedconsultations. 109. When a Contracting Party has reasonable grounds to believe that another the other Contracting Party has not complied with departed from the aviation security provisions of this Article, the first that Contracting Party may request immediate consultations with that the other Contracting Party. 10. Such consultations shall start within thirty Without prejudice to Article 4 (30Refusal, Revocation, Suspension, Limitation of Authorisations) days from the date of receipt of such a request. Failure this Agreement, failure to reach a satisfactory agreement within fifteen (15) days or an agreed time period from the starting date of such consultations request shall constitute grounds for the Party that requested the consultations to take action to refusewithhold, revoke, suspend, limit or impose conditions on, or limit on the operating authorisation of one or technical permissions of more air carriers of that such other Party to ensure compliance with the provisions of this ArticleContracting Party. 11. When required by an emergencyimmediate and extraordinary threat, or to prevent further non- compliance with this Article, the first a Contracting Party may take interim action prior to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions expiry of air carriers fifteen (15) days. 12. Any action taken in accordance with the paragraph 10 of that this Article shall be discontinued upon compliance by the other Contracting Party to ensure compliance with the provisions of this Article. 11. Any action taken in accordance with 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 Party concerned.

Appears in 2 contracts

Sources: Aviation Agreement, Aviation Agreement

Aviation Security. 1. Subject to the transitional provisions set out in annex I, the Parties shall ensure that their relevant legislation, rules or procedures comply with the regulatory requirements and standards relating to aviation security specified in annex II, Part 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 information on the results of such security inspections. 3. The assurance of safety for civil aircraft, their passengers and crew being a fundamental precondition for the operation of international air services, the 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 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 acts against the Safety of Civil Aviation aviation, signed at Montreal on 23 September 1971, the Protocol for the Suppression of Unlawful Acts acts of Violence at Airports airports Serving International Civil Aviation aviation, signed at Montreal on 24 February 1988, 1988 and the Convention on the Marking of Plastic Explosives for the Purpose purpose of Detection done Detection, signed at Montreal on 1 March 1991, insofar as the both Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security to of which the Parties are parties. 24. The Parties shall provide upon request all necessary assistance to each other to address any threat to the security of civil aviation, including the prevention of 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. 35. The 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, conform act in conformity with the international aviation security standards and appropriate recommended practices established by the ICAO. They ICaO. Both Parties shall require that operators of the aircraft in of their registriesregistry, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory conform territory, act in conformity with such aviation security standardsprovisions. 46. Each Party shall ensure that effective measures are taken within its territory to protect civil aviation against acts of unlawful interference, including the including, but not limited to, screening of passengers and their cabin baggage, screening of hold baggage, screening and security controls for persons other than passengers (passengers, including crew) , and their items carried, screening and security controls for cargo, mail, in-flight and airport supplies, and access control to airside and security restricted areas. Such Those measures shall be adjusted to meet increases in the threat to the security of civil aviation. Each Party agrees that their air carriers may be required to observe the aviation security provisions referred to in paragraphs 1 and 5 and other security provisions required by another Party relating to the admission toother Party, operating withinfor entrance into, or departure from its or while within the territory of aircraft must be observedthat other Party. 57. With full regard and mutual respect for each other's ’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 or Parties concerned without delay. Each Party shall give positive consideration to any request from another the other Party for reasonable special security measures, and that other the first Party shall take into account the security measures already applied by the first other Party and any views that that first the other Party may offer. Each Party recognises, however, that nothing in this article limits the ability of a Party to refuse entry into its territory of any flight or flights that it deems to present a threat to its security. Except where not reasonably possible in cases case of emergency, each Party shall will inform the other 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 Agreementagreement. Any Either Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article article 23. 6. Each Party recognises, however, that nothing in this Article limits the ability of another 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, passengers, their passengers and crew, airports, airports or air navigation facilities occuroccurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat. 9. Each Party shall take all measures it finds practicable to ensure that an aircraft that is subject 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. Where Wherever practicable, such measures shall be taken on the basis of mutual consultations with the Party or Parties concernedconsultations. 10. When a Party has reasonable grounds to believe that another the other Party has not complied with departed from the aviation security provisions of this Articlearticle, the first that Party may shall request immediate consultations with that the other Party. Such consultations shall start within thirty (30) 30 days from the date of receipt of such a request. 11. Failure Without prejudice to article 5, failure to reach a satisfactory agreement within fifteen (15) 30 days or an agreed time period from the starting date of such consultations or such longer period as may be agreed shall constitute grounds for the Party that requested the consultations to take action to refusewithhold, revoke, suspend, limit or impose conditions on, or limit on the operating authorisation of one or technical permissions of more air carriers of that such other Party to ensure compliance with the provisions of this ArticleParty. 12. When required by an emergencyimmediate and extraordinary threat, or to prevent further non- compliance with this Article, the first a Party may take immediate interim action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions of air carriers of that other Party to ensure compliance with the provisions of this Articleaction. 1113. Any any action taken in accordance with paragraph 10 of this Article by the first Party referred to in that paragraph 11 shall be discontinued upon compliance with this Article by the other Party concernedwith the provisions of this article.

Appears in 1 contract

Sources: Common Aviation Area Agreement

Aviation Security. 1. The Parties reaffirm their reciprocal obligations to each other to provide for ensure the security of civil aviation against acts of unlawful interference, and in particular their obligations under theobligationsarising from the Chicago Convention, the Convention on Offences and Certain Other Acts Committed on Board Aircraft signed at heldin 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 Aviation, signed at Montreal on 23 September 1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International 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 Used for the Suppression of Unlawful Acts of Violence at Airports Serving the Safety of Aviation signed international civil aviationsigned at Montreal on 24 February 1988, 1988 and the Convention on the Marking of Plastic Explosives for the Purpose of Detection done Detection, signed at Montreal on 1 March 1991, insofar in so far as the Parties are Partiesare parties to these conventionsConventions, as well as all the other conventions Conventions and protocols Protocols relating to civil aviation security to which the Parties P arties are partiesgone. 2. The Parties shall shall, upon request, provide upon request each other with all necessary assistance to each other to address deal with any threat to the security of civil aviationaviation security, including the prevention of and in particular to prevent acts of unlawful seizure of civil aircraft and other unlawful acts directed against the safety of such aircraft, their passengers and crewcrews, airports and air navigation facilities, and as well as any other threat to the security of civil aviationaviation security. 3. The Parties shall, in ▇▇ their mutual relations, conform the Parties shall comply with the aviation security standards established by the ICAO. They shall require that operators of the aircraft in their registries, operators of aircraft who registered in their territory, aircraft operators that have their principal place of business establishment or permanent residence in their territory, and the operators of airports located in their territory conform to comply with such these aviation security standards. 4. Each Party shall Articleshall ensure that effective measures are taken within in its territory to protect civil aviation against acts of unlawful interference, including the screening of passengers and their cabin carry-on baggage, screening of hold baggage, screening and security controls for checks of persons other than passengers (( including crew) and their items carriedthe objects they carry, screening and security controls for of cargo, mail, inon-flight board supplies and airport supplies, and control of access control to the airside and security restricted areas. Such These measures shall be adjusted adapted to meet increases in deal with the threat worsening threats to the security of civil aviationaviation security. Each Party agrees Articleagrees that the security provisions required by another Party relating Article with regard to the admission toentry, operating within, exit or departure from operation of aircraft in its territory of aircraft must shall be observedcomplied with. 5. With While taking full regard account of and mutual respect for each other's sovereigntyrespecting the sovereignty of other Parties, a Party Partie may adopt security measures for concerning entry into its territory, as well as emergency measures, in order to meet deal with a specific security threatthreat to security, which should be communicated without delay to the Party or Guineaor Parties concerned without delayconcerned. Each Party shall Membershall give positive sympathetic consideration to any request from made to him by another Party Article for reasonable special security measures, and that other Party shall Articleshall take into account of the security measures already applied by the first Party First Article and any views of the view expressed by that that first Party may offerFirst Article. Except where this is not reasonably possible in cases of an emergency, each Party Article shall inform the Party Person or Parties concerned in advance of any special security measures measure which it intends to introduce and which could have a significant financial or operational impact on the air transport services provided under for in this Agreement. Any Party may A Membermay request a meeting of the Joint Committee to discuss such security measuresCommittee, as provided for in Article 23, to discuss such security measures. 6. Each Party recognisesHowever, however, each Member shall acknowledge that nothing in this Article limits shall limit the ability of possibility for another Party Member to refuse entry into its territory to of any flight or flights that which it deems considers to present a threat to its security. 7. Without prejudice to the need to take immediate action in order measures to protect ensure aviation security, the Parties affirm that, when considering proposed security measures, a Party shall evaluate each Articleshall assess the possible adverse effects thereof on international air transport and, unless constrained being required to do so by law, shall take such takes these factors into account when it determines in determining what measures are necessary and appropriate to address those security safety concerns. 8. When ▇▇ the event of unlawful seizure (or threat of unlawful seizure) of civil aircraft (or threat thereof) or other unlawful acts directed against the safety of aircraft, passengers, crewcrews, airports, airports or air navigation facilities occurfacilities, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly bring an end, promptly and safely such safely, to that incident or threat. 9. Each Party shall take shalltake all measures it finds deems practicable to ensure that an aircraft that which is the subject to of an act of unlawful seizure capture or other acts of unlawful interference which and is on the ground in its territory is detained on the ground immobilised unless its departure is necessitated made indispensable by the overriding duty imperative need to protect human life. Where practicableAs far as possible, such these measures shall be taken on the basis of following mutual consultations with between the Party Person or Parties concerned. 10. When Where a Party Partie has reasonable grounds to believe that another Party Partie has not complied with the x provisions of this Articlearticle, the first Party Partie may request immediate consultations with that other PartyP ▇▇▇▇▇. Such These consultations shall start begin within thirty (30) days from the date of receipt of such a this request. Failure to reach The impossibility of reaching a satisfactory agreement within fifteen (15) days or an within a period agreed time period from the starting date of commencement of such consultations shall constitute grounds a reason for the Party that Partywhich requested the consultations to take action measures to refuse, revoke, suspend, impose subject to conditions on, or limit the operating authorisation authorization of operation or technical permissions permits of air carriers of that other Party Article in order to ensure compliance with the provisions of this Article. When required by Where an emergency, emergency so requires or to prevent a further non- compliance with breach of this Article, the first Party Article may take interim action measures to refuse, revoke, suspend, impose subject to conditions on, or limit the operating authorisation or technical permissions permits of air carriers of that other Party State Party. article in order to ensure compliance with the provisions of this Article. 11. Any action taken measureimposed in accordance with paragraph 10 of this Article by the first Party Article referred to in that paragraph shall be discontinued upon compliance lifted as soon as the other Article concerned complies with this Article by the other Party concernedArticle.

Appears in 1 contract

Sources: Comprehensive Agreement in the Field of Air Transport

Aviation Security. 1. The In accordance with their rights and obligations under international law, 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 Aircraft, signed at Tokyo on 14 September 14, 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft Aircraft, signed at The Hague on 16 December 16, 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation 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 at Montreal on 24 February 1988Aviation, and the Convention on the Marking of Plastic Explosives for the Purpose of Detection done at Montreal on 1 March 1991February 24, insofar as the Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security to which the Parties are parties1988. 2. The Contracting Parties shall provide upon request all necessary assistance to each other to address any threat to the security of civil aviation, including the prevention of 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. 3. The Contracting Parties shall, in their mutual relations, conform act in conformity with the aviation security standards and appropriate recommended practices established by the ICAO. They International Civil Aviation Organization and designated as Annexes to the Convention; they shall require that operators of the aircraft in of their registriesregistry, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory conform act in conformity with such aviation security standardsprovisions. 4. Each Party shall ensure that effective measures are taken within its territory to protect civil aviation against acts of unlawful interference, including the screening of passengers and their cabin 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 airside and security restricted areas. Such measures shall be adjusted to meet increases in the threat to the security of civil aviation. Each Contracting Party agrees that to observe the security provisions required by another the other Contracting Party relating to for entry into, for departure from, and while within the admission to, operating within, or departure from its territory of that other Contracting Party and to take adequate measures to protect aircraft must be observed. 5. With full regard and mutual respect for each other's sovereigntyto inspect passengers, a Party may adopt security measures for entry into its territorycrew, and their baggage and carry-on items, as well as emergency measurescargo and aircraft stores, in order prior to meet a specific security threat, which should be communicated to the Party and during boarding or Parties concerned without delayloading. Each Contracting Party shall also give positive consideration to any request from another the other Contracting Party for reasonable special security measures, and that other Party shall take into account the security measures already applied by the first Party and any views that that first Party may offer. Except where not reasonably possible in cases of emergency, each Party shall inform the Party or Parties concerned in advance of any special security measures it intends to introduce which could have meet a significant financial or operational impact on the air transport services provided under this Agreement. Any Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 23particular threat. 6. Each Party recognises, however, that nothing in this Article limits the ability of another 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. 85. 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 aircraft, passengers, crew, airportsaircraft, airports or air navigation facilities occuroccurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat. 9. Each Party shall take all measures it finds practicable to ensure that an aircraft 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. Where practicable, such measures shall be taken on the basis of mutual consultations with the Party or Parties concerned. 106. When a Contracting Party has reasonable grounds to believe that another the other Contracting Party has not complied with departed from the aviation security provisions of this Article, the first aeronautical authorities of that Contracting Party may request immediate consultations with that the aeronautical authorities of the other Contracting Party. Such consultations shall start within thirty (30) days from the date of receipt of such a request. Failure to reach a satisfactory agreement within fifteen (15) 15 days or an agreed time period from the starting date of such consultations request shall constitute grounds for the Party that requested the consultations to take action to refusewithhold, revoke, suspendlimit, or impose conditions on, or limit on the operating authorisation or authorization and technical permissions of air carriers an airline or airlines of that other Party to ensure compliance with the provisions of this ArticleContracting Party. When required by an emergency, or to prevent further non- compliance with this Article, the first a Contracting Party may take interim action prior to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions expiry of air carriers of that other Party to ensure compliance with the provisions of this Article15 days. 11. Any action taken in accordance with 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 Party concerned.

Appears in 1 contract

Sources: Air Transport Agreement

Aviation Security. 1. The 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 the Purpose of Detection done at Montreal on 1 March 1991, insofar as the Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security to which the Parties are parties. 2. The Parties shall provide upon request all necessary assistance to each other to 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. 3. The Parties shall, in their mutual relations, conform with the aviation security standards established by the ICAO. They shall require that operators of the aircraft in their registries, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory conform with such aviation security standards. 4. Each Party shall ensure that effective measures are taken within its territory to protect civil aviation against acts of unlawful interference, including the screening of passengers and their cabin 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 airside and security restricted areas. Such measures shall be adjusted to meet increases in the threat to the security of civil aviation. Each Party agrees that the security provisions required by another Party relating to the admission to, operating within, or departure from its territory of aircraft must be observed. 5. 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 Party shall give positive consideration to any request from another Party for reasonable special security measures, and that other Party shall take into account the security measures already applied by the first Party and any views that that first Party may offer. Except where not reasonably possible in cases of emergency, each Party shall inform the 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. Any Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 23. 6. Each Party recognises, however, that nothing in this Article limits the ability of another 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 unlawful seizure of civil aircraft (or threat thereof) or other unlawful acts against the safety of aircraft, passengers, crew, airports, or air navigation facilities occur, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat. 9. Each Party shall take all measures it finds practicable to ensure that an aircraft 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. Where practicable, such measures shall be taken on the basis of mutual consultations with the Party or Parties concerned. 10. When a Party has reasonable grounds to believe that another Party has not complied with the provisions of this Article, the first Party may request immediate consultations with that other Party. Such consultations shall start within thirty (30) days from the date of receipt of such a request. Failure to reach a satisfactory agreement within fifteen (15) days or an agreed time period from the starting date of such consultations shall constitute grounds for the Party that requested the consultations to take action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions of air carriers of that other Party to ensure compliance with the provisions of this Article. When required by an emergency, or to prevent further non- non-compliance with this Article, the first Party may take interim action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions of air carriers of that other Party to ensure compliance with the provisions of this Article. 11. Any action taken in accordance with 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 Party concerned.

Appears in 1 contract

Sources: Comprehensive Air Transport Agreement

Aviation Security. 1. The 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 the Purpose of Detection done at Montreal on 1 March 1991, insofar as the Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security to which the Parties are parties. 2. The Parties shall provide upon request all necessary assistance to each other to 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. 3. The Parties shall, in their mutual relations, conform with the aviation security standards established by the ICAO. They shall require that operators of the aircraft in their registries, operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory conform with such aviation security standards. 4. Each Party shall ensure that effective measures are taken within its territory to protect civil aviation against acts of unlawful interference, including the screening of passengers and their cabin 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 airside and security restricted areas. Such measures shall be adjusted to meet increases in the threat to the security of civil aviation. Each Party agrees that the security provisions required by another Party relating to the admission to, operating within, or departure from its territory of aircraft must be observed. 5. With full regard and mutual respect for each other's ’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 Party shall give positive consideration to any request from another Party for reasonable special security measures, and that other Party shall take into account the security measures already applied by the first Party and any views that that first Party may offer. Except where not reasonably possible in cases of emergency, each Party shall inform the 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. Any Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 23. 6. Each Party recognises, however, that nothing in this Article limits the ability of another 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 unlawful seizure of civil aircraft (or threat thereof) or other unlawful acts against the safety of aircraft, passengers, crew, airports, or air navigation facilities occur, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat. 9. Each Party shall take all measures it finds practicable to ensure that an aircraft 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. Where practicable, such measures shall be taken on the basis of mutual consultations with the Party or Parties concerned. 10. When a Party has reasonable grounds to believe that another Party has not complied with the provisions of this Article, the first Party may request immediate consultations with that other Party. Such consultations shall start within thirty (30) days from the date of receipt of such a request. Failure to reach a satisfactory agreement within fifteen (15) days or an agreed time period from the starting date of such consultations shall constitute grounds for the Party that requested the consultations to take action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions of air carriers of that other Party to ensure compliance with the provisions of this Article. When required by an emergency, or to prevent further non- non-compliance with this Article, the first Party may take interim action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions of air carriers of that other Party to ensure compliance with the provisions of this Article. 11. Any action taken in accordance with 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 Party concerned.

Appears in 1 contract

Sources: Comprehensive Air Transport Agreement

Aviation Security. 1. The Parties reaffirm Consistent with their rights and obligations under international law, each Contracting Party reaffirms that its obligation to each the other Contracting Party to provide for protect the security of civil aviation against acts of unlawful interferenceinterference forms an integral part of this Agreement. 2. Subject to applicable domestic law and without limiting or derogating the generality of its rights and obligations in terms of international law, and each Contracting Party 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 Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft 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 September 1971, 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 1971, signed at Montreal on 24 February 1988, 1988 and the Convention on the Marking of Plastic Explosives for the Purpose purpose of Detection done detection, signed at Montreal on 1 March 1, 1991, insofar as the Parties are parties to these conventions, as well as all and any other conventions and protocols multilateral agreement or protocol relating to civil aviation security which has been adhered to which the Parties are partiesby both Contracting Parties. 23. The Contracting Parties shall provide upon request all necessary assistance to each other to address any threat to the security of civil aviation, including the prevention of 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. 34. The Contracting Parties shall, in their mutual relations, conform act in conformity with the aviation security standards provisions established by the ICAOInternational Civil Aviation Organisation and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to both Contracting Parties. They shall require that operators of the aircraft in of their registries, registry or operators of aircraft who have their principal place of business or permanent residence in their territoryrespective territories, and the operators of airports in their territory conform respective territories, act in conformity with such aviation security standardsprovisions as are applicable to both Contracting Parties. 45. Each Contracting Party agrees that its operators of aircraft shall be required to observe the aviation security provisions referred to in paragraph 4 applied by the other Contracting Party for entry into, sojourn in or departure from the territory of that other Contracting Party. Each Contracting Party shall ensure that effective adequate measures are taken effectively applied within its territory to protect civil aviation against acts of unlawful interferencethe aircraft and to apply security controls to passengers, including the screening of passengers and their cabin crew, carry-on items, baggage, screening of hold baggage, screening cargo and security controls for persons other than passengers (including crew) aircraft stores prior to and their items carried, screening during boarding and security controls for cargo, mail, in-flight and airport supplies, and access control to airside and security restricted areas. Such measures shall be adjusted to meet increases in the threat to the security of civil aviationloading. Each Party agrees that the security provisions required by another Party relating to the admission to, operating within, or departure from its territory of aircraft must be observed. 5. 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 give positive consideration to any request from another the other Contracting Party for reasonable special security measures, and that other Party shall take into account the security measures already applied by the first Party and any views that that first Party may offer. Except where not reasonably possible in cases of emergency, each Party shall inform the Party or Parties concerned in advance of any special security measures it intends its territory to introduce which could have meet a significant financial or operational impact on the air transport services provided under this Agreement. Any Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 23particular threat. 6. Each Party recognises, however, that nothing in this Article limits the ability When an incident or threat of another 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 of unlawful seizure of civil aircraft (or threat thereof) or other unlawful acts against the safety of such aircraft, passengers, their passengers and crew, airports, airports or air navigation facilities occuroccurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threatthreat thereof. 97. Each Contracting Party shall take all such measures as it finds may find practicable to ensure that an aircraft that is subject of the other Contracting Party, subjected to an act of unlawful seizure or any other acts act of unlawful interference interference, which is on the ground in its territory territory, is detained on the ground thereon unless its departure is necessitated by the overriding duty to protect human lifethe lives of its crew and passengers. Where Wherever practicable, such measures shall be taken on the basis of mutual consultations with the Party or Parties concernedother Contracting Party. 108. When If a Contracting Party has reasonable grounds to believe that another the other Contracting Party has not complied with departed from the provisions of this Articlearticle, the aeronautical authorities of the first Contracting Party may request immediate consultations with that the aeronautical authorities of the other Contracting Party. Such consultations shall start within thirty fifteen (3015) days from of the date of receipt of such a the request. Failure to reach a satisfactory agreement within fifteen (15) days or an agreed time period from the starting date start of such consultations shall constitute grounds for the Party that requested the consultations to take action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions application of air carriers paragraph 1 of that other Party to ensure compliance with the provisions of this ArticleArticle 5. When required by an emergencyimmediate and extraordinary threat, or to prevent further non- compliance with this Article, the first a Contracting Party may take interim such action prior to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions expiry of air carriers of that other Party to ensure compliance with the provisions of this Articlefifteen (15) days. 119. Any action taken in accordance with paragraph 10 of this Article by the first Party referred to in that paragraph 8 shall be discontinued upon compliance with this Article by the other Contracting Party concernedwith the provisions of this Article.

Appears in 1 contract

Sources: Air Services Agreement

Aviation Security. 1. The Consistent with their rights and obligations under international law, 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 Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft 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, the its Supplementary Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation Aviation, signed at Montreal on 24 February 1988, and the Convention on the Marking of Plastic Explosives for the Purpose of Detection done at Montreal on 1 March 1991, insofar as the Parties are parties to these conventions, 1988 as well as all with any other conventions convention and protocols protocol relating to the security of civil aviation security to which the both Contracting Parties are partiesadhere. 2. The Contracting Parties shall provide upon request all necessary assistance to each other to address any threat to the security of civil aviation, including the prevention of 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. 3. The Contracting Parties shall, in their mutual relations, conform relations act in conformity with the aviation security standards provisions established by ICAO and designated as Annex to the ICAO. They Convention; they shall require that operators of the aircraft in of their registries, registry or operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports territory act in their territory conform conformity with such aviation security standardsprovisions. Each Contracting Party shall advise the other Contracting Party of any difference between its national laws, regulations and practices and the aviation security standards of the Annexes to the Convention. Either Contracting Party may request immediate consultation with the other Contracting Party at any time to discuss any such difference. 4. Each Contracting Party agrees that the operators shall be required to observe the aviation security provisions referred to in Paragraph (3) of this Article required by the other Contracting Party for entry into/departure from, or while within the territory of that other Contracting Party. Each Contracting Party shall ensure that effective adequate measures are taken effectively applied within its territory to protect civil aviation against acts of unlawful interferencethe aircraft and to inspect passengers, including the screening of passengers and their cabin crew, carry-on items, baggage, screening of hold baggage, screening cargo and security controls for persons other than passengers (including crew) aircraft stores prior to and their items carried, screening and security controls for cargo, mail, in-flight and airport supplies, and access control to airside and security restricted areas. Such measures shall be adjusted to meet increases in the threat to the security of civil aviationduring boarding or loading. Each Party agrees that the security provisions required by another Party relating to the admission to, operating within, or departure from its territory of aircraft must be observed. 5. 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 give positive sympathetic consideration to any request from another the other Contracting Party for reasonable special security measures, and that other Party shall take into account the security measures already applied by the first Party and any views that that first Party may offer. Except where not reasonably possible in cases of emergency, each Party shall inform the Party or Parties concerned in advance of any special security measures it intends to introduce which could have meet a significant financial or operational impact on the air transport services provided under this Agreement. Any Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 23particular threat. 6. Each Party recognises, however, that nothing in this Article limits the ability of another 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. 85. 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, passengers, crew, airports, or air navigation facilities occurtheir passengers and 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 threatthreat thereof. 96. 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 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. Where practicable, such measures shall assessments will be taken on the basis of mutual consultations with the Party or Parties concernedconducted expeditiously. 107. When a Contracting Party has reasonable grounds to believe that another other Contracting Party has not complied departed from the provisions of this Article, the first Contracting Party may request consultations. Such consultations shall start within 30 (thirty) days of receipt of such a request from either Contracting Party. Failure to reach a satisfactory agreement within 30 (thirty) days from the start of consultation shall continue grounds for withholding, revoking, suspending or imposing conditions on the authorizations of the airline(s) designated by the other Contracting Party. When justified by an emergency, or to prevent further non-compliance with the provisions of this Article, the first Party may request immediate consultations with that other Party. Such consultations shall start within thirty (30) days from the date of receipt of such a request. Failure to reach a satisfactory agreement within fifteen (15) days or an agreed time period from the starting date of such consultations shall constitute grounds for the Party that requested the consultations to take action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions of air carriers of that other Party to ensure compliance with the provisions of this Article. When required by an emergency, or to prevent further non- compliance with this Article, the first Contracting Party may take interim action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions of air carriers of that other Party to ensure compliance with the provisions of this Articleat any time. 11. Any action taken in accordance with 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 Party concerned.

Appears in 1 contract

Sources: Air Services Agreement

Aviation Security. 1. The Consistent with their rights and obligations under international law, 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 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, 1971 and 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 of Plastic Explosives for the Purpose of Detection done at Montreal on 1 March 1991, insofar as the Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security to international instruments in the same field which the Contracting Parties are partiesmay be Parties to. 2. The Contracting Parties shall provide upon request request, all necessary assistance to each other to address any threat to the security of civil aviation, including the prevention of 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. 3. The Contracting Parties shall, in their mutual relations, conform act in conformity with the Standards and Recommended Practices relating to aviation security standards established by the International Civil Aviation Organization (hereinafter referred to as ICAO. They ) and Designated as Annexes to the Convention, to the extent that such Standards and Recommended Practices are applicable to the Contracting Parties; they shall require that operators of the aircraft in of their registries, 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 conform Territory act in conformity with such aviation security standardsprovisions. 4. Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 3 above, required by the other Contracting Party for entry into, departure from, or while within the Territory of the other Contracting Party. 5. Each Contracting Party shall ensure that effective adequate measures are taken effectively applied within its territory Territory to protect civil aviation against acts of unlawful interferencethe aircraft and to inspect passengers, including the screening of passengers and their cabin crew, carry-on items, baggage, screening of hold baggage, screening cargo and security controls for persons other than passengers (including crew) aircraft stores prior to and their items carried, screening and security controls for cargo, mail, in-flight and airport supplies, and access control to airside and security restricted areas. Such measures shall be adjusted to meet increases in the threat to the security of civil aviationduring boarding or loading. Each Party agrees that the security provisions required by another Party relating to the admission to, operating within, or departure from its territory of aircraft must be observed. 5. 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 give positive consideration to any request from another the other Contracting Party for reasonable special security measures, and that other Party shall take into account the security measures already applied by the first Party and any views that that first Party may offer. Except where not reasonably possible in cases of emergency, each Party shall inform the Party or Parties concerned in advance of any special security measures it intends to introduce which could have meet a significant financial or operational impact on the air transport services provided under this Agreement. Any Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 23particular threat. 6. Each Party recognises, however, that nothing in this Article limits the ability When an incident or threat of another 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 unlawful seizure of civil aircraft (or threat thereof) or other unlawful acts against the safety of such aircraft, passengers, their passengers and crew, airports, airports or air navigation facilities occuroccurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threatthreat thereof. 97. Each Contracting Party shall take all measures measures, as it finds practicable may find practicable, to ensure that an aircraft that is subject 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. Where Wherever practicable, such measures shall be taken on the basis of mutual consultations with the Party or Parties concernedconsultations. 10. When a Party has reasonable grounds to believe that another Party has not complied with the provisions of this Article, the first Party may request immediate consultations with that other Party. Such consultations shall start within thirty (30) days from the date of receipt of such a request. Failure to reach a satisfactory agreement within fifteen (15) days or an agreed time period from the starting date of such consultations shall constitute grounds for the Party that requested the consultations to take action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions of air carriers of that other Party to ensure compliance with the provisions of this Article. When required by an emergency, or to prevent further non- compliance with this Article, the first Party may take interim action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions of air carriers of that other Party to ensure compliance with the provisions of this Article. 11. Any action taken in accordance with 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 Party concerned.

Appears in 1 contract

Sources: Air Services Agreement

Aviation Security. 1. The Parties reaffirm Consistent with their rights and obligations under international law, each Party reaffirms that its obligation to each the other Party 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 Aircraft, signed at Tokyo on 14 September 1963, ; b) the Convention for the Suppression of Unlawful Seizure of Aircraft 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 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 signed at Montreal on 24 February 1988, Aviation,; d) and the Convention on the Marking of Plastic Explosives for the Purpose purpose of Detection done detection, signed at Montreal on 1 March 1, 1991, insofar as the Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security to which the Parties are parties. 23. The Parties shall provide upon request all necessary assistance to each other to address any threat to the security of civil aviation, including the prevention of 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. 34. The Parties shall, in their mutual relations, conform act in conformity with the aviation security standards provisions established by the ICAOInternational Civil Aviation Organization and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to both Parties. They shall require that operators of the aircraft in of their registries, 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 territory conform respective territories, act in conformity with such aviation security standardsprovisions as are applicable to both Parties. 45. Each Party agrees that its operators of aircraft shall be required to observe the aviation security provisions referred to in paragraph 4 applied by the other Party for entry into, sojourn in or departure from the territory of that other Party. For departure from, or while within, the territory of the Portuguese Republic, operators of aircraft shall be required to observe aviation security provisions in conformity with European Union law. Each Party shall ensure that effective adequate measures are taken effectively applied within its territory to protect civil aviation against acts of unlawful interferencethe aircraft and to apply security controls to passengers, including the screening of passengers and their cabin crew, carry-on items, baggage, screening of hold baggage, screening cargo and security controls for persons other than passengers (including crew) aircraft stores prior to and their items carried, screening during boarding and security controls for cargo, mail, in-flight and airport supplies, and access control to airside and security restricted areas. Such measures shall be adjusted to meet increases in the threat to the security of civil aviation. Each Party agrees that the security provisions required by another Party relating to the admission to, operating within, or departure from its territory of aircraft must be observed. 5. 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 delayloading. Each Party shall also give positive consideration to any request from another the other Party for reasonable special security measures, and that other Party shall take into account the security measures already applied by the first Party and any views that that first Party may offer. Except where not reasonably possible in cases of emergency, each Party shall inform the Party or Parties concerned in advance of any special security measures it intends its territory to introduce which could have meet a significant financial or operational impact on the air transport services provided under this Agreement. Any Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 23particular threat. 6. Each Party recognises, however, that nothing in this Article limits the ability When an incident or threat of another 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 of unlawful seizure of civil aircraft (or threat thereof) or other unlawful acts against the safety of such aircraft, passengers, their passengers and crew, airports, airports or air navigation facilities occuroccurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threatthreat thereof. 97. Each Party shall take all measures it finds practicable to ensure that an aircraft 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. Where practicable, such measures shall be taken on the basis of mutual consultations with the Party or Parties concerned. 10. When If a Party has reasonable grounds to believe that another Party has not complied with occasional problems in the provisions context of this Articlethe present Article on security of civil aviation, the first Party aeronautical authorities of both Parties may request immediate consultations with that the aeronautical authorities of the other Party. Such consultations shall start within thirty (30) days from the date of receipt of such a request. Failure to reach a satisfactory agreement within fifteen (15) days or an agreed time period from the starting date of such consultations shall constitute grounds for the Party that requested the consultations to take action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions of air carriers of that other Party to ensure compliance with the provisions of this Article. When required by an emergency, or to prevent further non- compliance with this Article, the first Party may take interim action to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions of air carriers of that other Party to ensure compliance with the provisions of this Article. 11. Any action taken in accordance with 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 Party concerned.

Appears in 1 contract

Sources: Air Services Agreement

Aviation Security. 1. The Consistent with their rights and obligations under international law, 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 Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful U nlawful 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, and the Protocol for the Suppression of Unlawful Acts of o f 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 on 23 1971, signed at Montreal on 24 February 1988, and the Convention on the Marking of Plastic Explosives for the Purpose of Detection done at Montreal on 1 March 1991, insofar as the Parties are parties to these conventions, as well as all other conventions and protocols relating to civil aviation security to which the Parties are parties. 2. The Contracting Parties shall provide upon request all necessary assistance to each other to address any threat to the security of civil aviation, including the prevention of 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. 3. The Parties shall, in their mutual relations, conform with the aviation security standards established by the ICAO. They shall require that operators When an incident or threat of the aircraft in their registries, operators an incident of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports in their territory conform with such aviation security standards. 4. Each Party shall ensure that effective measures are taken within its territory to protect civil aviation against acts of unlawful interference, including the screening of passengers and their cabin 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 airside and security restricted areas. Such measures shall be adjusted to meet increases in the threat to the security of civil aviation. Each Party agrees that the security provisions required by another Party relating to the admission to, operating within, or departure from its territory of aircraft must be observed. 5. 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 Party shall give positive consideration to any request from another Party for reasonable special security measures, and that other Party shall take into account the security measures already applied by the first Party and any views that that first Party may offer. Except where not reasonably possible in cases of emergency, each Party shall inform the 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. Any Party may request a meeting of the Joint Committee to discuss such security measures, as provided for in Article 23. 6. Each Party recognises, however, that nothing in this Article limits the ability of another 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 unlawful seizure of civil aircraft (or threat thereof) or other acts of unlawful acts interference against the safety of such aircraft, passengers, their passengers and crew, airports, airports or air navigation facilities occuroccurs the Contracting Parties shall, the Parties 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 threatthreat thereof. 94. Each Contracting Party shall take all measures measures, as it finds practicable may find practicable, to ensure that an aircraft that is subject 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. Where Wherever practicable, such measures shall be taken on the basis of mutual consultations consultations. 5. The Contracting Parties shall, in their mutual relations, act in conformity with the Party 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 Parties concernedoperators 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. 106. When Each Contracting Party agrees that such operators of aircraft may be required to 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 for reasonable special security measures to meet a particular threat. 7. Should a Contracting Party has reasonable grounds to believe that another Party has not complied with depart from the aviation security provisions of this Article, the first Party aeronautical authorities of the other Contracting party may request immediate consultations with that other the aeronauti cal authorities of the former Contracting Party. Such consultations shall start within thirty (30) days from the date of receipt of such a request. Failure to reach a satisfactory agreement within fifteen (15) days or an agreed time period from one month of the starting date of such consultations request shall constitute grounds for the Party that requested the consultations to take action to refusewithholding, revokerevoking, suspend, impose limiting or imposing conditions on, or limit on the operating authorisation authorization of an airline or technical permissions airlines of air carriers of that other Party to ensure compliance with the provisions of this Articleformer Contracting Party. When If required by an a serious emergency, or to prevent further non- compliance with this Article, the first either Contracting Party may take interim action prior to refuse, revoke, suspend, impose conditions on, or limit the operating authorisation or technical permissions expiry of air carriers of that other Party to ensure compliance with the provisions of this Articlemonth. 11. Any action taken in accordance with 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 Party concerned.

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Sources: Air Transport Agreement