- 1
- Each Contracting Party may request consultations at any time concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Contracting Party. Such consultations shall take place within thirty (30) days of that request.
- 2
- If, following such consultations one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention the first Contracting Party shall notify the other Contracting Party of those findings and the steps considered necessary to conform with those minimum standards and that other Contracting Party shall take appropriate corrective action. Failure by the other Contracting Party to take appropriate action within fifteen (15) days or such longer period as may be agreed shall be grounds for the application of Article 4 of this Agreement.
- 3
- Notwithstanding the obligations mentioned in Article 33 of the Convention, it is agreed that any aircraft operated by the airline or airlines of one Contracting Party on services to/or from the territory of the State of another Party may while within the territory of the State of the other Contracting Party, be made the subject of an examination by the authorized representative of the other Contracting Party on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment ( in this Article called ramp inspection) provided this does not lead to unreasonable delay.
- 4
- If any such ramp inspection or series of ramp inspections give rise to:
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- 4.1serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention, or
- 4.2serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention the Contracting Party carrying out the inspection shall, for the purpose of Article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated are not equal to or above the minimum standards established pursuant to the Convention.
- 5
- In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the airline(s) of one Contracting Party in accordance with paragraph 3 above is denied by the representative of that airlines or airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 4 above arise and draw the conclusions referred to in that paragraph.
- 6
- Each Contracting Party reserves the right to suspend or vary the operating authorization of an airline(s) of another Contracting Party immediately in the event the first Contracting Party concludes, whether as a result of a ramp inspection (or series of ramp inspections), consultation or otherwise that immediate action is essential to the safety of an airline operation.
- 7
- Any action taken by one Contracting Party in accordance with paragraphs 2 or 6 above shall be discontinued once the basis for the taking of that action ceases to exist.
- 8
- Each Contracting Party shall prompt their respective designated airlines to obtain the approval of the Civil Aviation Authority of the Contracting Party prior to leasing an aircraft not belonging to the designated airline whether it is registered in the country of the operator or in another country of the operator or in another country for the purposes of operating services in the country of either Contracting Party on the points specified in this Agreement.
- 9
- In connection with the provisions of Article 83 (bis) of the Convention the responsibilities and duties of operating leased aircraft in respect of aviation safety are vested in the country of the airline leasing and supervising the operations of the aircraft responsibilities of leased aircraft may be transferred totally or in part.
- 10
- Where the Kingdom of the Netherlands has designated an airline whose regulatory control is exercised and maintained by another European Union Member State, the rights of the other Contracting Party under this Article shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other European Union Member State and in respect of the operating authorisation of that airline.
