BWBV0007150
Artikel 12
Verdrag inzake luchtdiensten tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Republiek Benin
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 and requirements in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first-mentioned 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 (Revocation or Suspension of Operating Authorization) of this Agreement.
3. Where 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 Article 3 (Designation and Authorization) of this Agreement 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 authorization of that Airline.
4. Pursuant to Article 16 of the Convention, it is further agreed that, any aircraft operated by, or on behalf of an Airline of one Contracting Party, on service to or from the Territory of another Contracting Party, may, while within the Territory of the other Contracting Party, be the subject of a search by the authorized representatives of the other Contracting Party, in this Article called “ramp inspection”, provided this does not cause unreasonable delay in the operation of the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention and Article 13 (Aviation Security) of this Agreement, the purpose of this search is to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform to the standards established at that time pursuant to the Convention.
5. If any such ramp inspection or series of ramp inspections gives rise to:
a) serious 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
b) serious 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 purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificates 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.
6. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the Airlines of one Contracting Party in accordance with paragraph 4 of this Article is denied by the representative of these Airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 5 of this Article arise and draw the conclusions referred in that paragraph.
7. Each Contracting Party reserves the right to suspend or vary the operating authorization of an Airline or Airlines of the other Contracting Party immediately in the event the first-mentioned Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultations or otherwise, that immediate action is essential to the safety of an Airline operation.
8. Any action by one Contracting Party in accordance with paragraph 2 or 7 of this Article shall be discontinued once the basis for the taking of that action ceases to exist.
2. If, following such consultations, one Contracting Party finds that the other Contracting Party does not effectively maintain and administer safety standards and requirements in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first-mentioned 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 (Revocation or Suspension of Operating Authorization) of this Agreement.
3. Where 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 Article 3 (Designation and Authorization) of this Agreement 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 authorization of that Airline.
4. Pursuant to Article 16 of the Convention, it is further agreed that, any aircraft operated by, or on behalf of an Airline of one Contracting Party, on service to or from the Territory of another Contracting Party, may, while within the Territory of the other Contracting Party, be the subject of a search by the authorized representatives of the other Contracting Party, in this Article called “ramp inspection”, provided this does not cause unreasonable delay in the operation of the aircraft. Notwithstanding the obligations mentioned in Article 33 of the Convention and Article 13 (Aviation Security) of this Agreement, the purpose of this search is to verify the validity of the relevant aircraft documentation, the licensing of its crew, and that the aircraft equipment and the condition of the aircraft conform to the standards established at that time pursuant to the Convention.
5. If any such ramp inspection or series of ramp inspections gives rise to:
a) serious 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
b) serious 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 purposes of Article 33 of the Convention, be free to conclude that the requirements under which the certificates 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.
6. In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by the Airlines of one Contracting Party in accordance with paragraph 4 of this Article is denied by the representative of these Airlines, the other Contracting Party shall be free to infer that serious concerns of the type referred to in paragraph 5 of this Article arise and draw the conclusions referred in that paragraph.
7. Each Contracting Party reserves the right to suspend or vary the operating authorization of an Airline or Airlines of the other Contracting Party immediately in the event the first-mentioned Contracting Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultations or otherwise, that immediate action is essential to the safety of an Airline operation.
8. Any action by one Contracting Party in accordance with paragraph 2 or 7 of this Article shall be discontinued once the basis for the taking of that action ceases to exist.
- Citeren als
- Art. 12
- Status
- Geldend recht
- Identificatie
- BWBV0007150
- Officiële bron
- wetten.overheid.nl