- 1
- Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Contracting Parties shall, in particular, act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, done at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970, the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal on 24 February 1988, the Convention on the Marking of Plastic Explosives for Purpose of Detection, done at Montreal on 1 March 1991, and any other aviation security agreement that becomes binding on both Contracting Parties.
- 2
- The Contracting Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
- 3
- The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as annexes to the Convention to the extent that such security provisions are applicable to the Contracting Parties. The Contracting Parties shall require that their airlines and the operators of airports in their territory act in conformity with such aviation security provisions.
- 4
- Each Contracting Party agrees that its airlines may be required to observe the aviation security provisions referred to in paragraph 3 of this Article required by the other Contracting Party for the entry into, departure from, or while within the territory of that other Contracting Party. For the entry into, departure from, or while within the territory of the Republic of Korea, airlines shall be required to observe aviation security provisions in conformity with the laws and regulations of the Republic of Korea. For the entry into, departure from, or while within the territory of the Kingdom of Netherlands, airlines shall be required to observe aviation security provisions in accordance with European Union law.
- 5
- Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo, in-flight catering and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
- 6
- When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
- 7
- When a Contracting Party has reasonable grounds to believe that the other Contracting Party has departed from the aviation security provisions of this Article, the aeronautical authorities of the first Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party.
- 8
- Failure to reach a satisfactory agreement within fifteen (15) days from the start of such consultations shall constitute grounds for withholding, revoking, suspending, limiting or imposing conditions on the operating authorization of an airline or airlines 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 Contracting Party may take interim action at any time.