EN
3.11.2021
Official Journal of the European Union
L 387/11
(b) give rise to serious concerns – established through an inspection referred to in paragraph 7 of this Article – that an
aircraft or the operation of an aircraft does not comply with the minimum standards established pursuant to the
Convention or the requirements and standards specified in Annex I, Part C, to this Agreement whichever is applicable;
or
(c) give rise to serious concerns that there is a lack of effective maintenance and administration of minimum standards
established pursuant to the Convention or the requirements and standards specified in Annex I, Part C, to this
Agreement whichever is applicable.
11.
Where a Party takes action under paragraph 10 of this Article, it shall promptly inform the competent authorities of
the other Party of taking such action, providing reasons for its action.
12.
Where measures taken in application of paragraph 10 of this Article are not discontinued even though the basis for
taking them has ceased to exist, either Party may refer the matter to the Joint Committee.
13.
Any amendments to national law with respect to the status of the competent authorities of Ukraine or any
competent authority of the EU Member States shall be notified, without delay, by the Party concerned to the other Parties.
Article 8
Aviation security
1.
Ukraine shall incorporate in its legislation and effectively implement the provisions contained in the European Civil
Aviation Conference (ECAC) Document 30, Part II, in accordance with the transitional provisions stipulated in Annex III to
this Agreement. In the context of the assessments provided for in Article 33(2) of this Agreement, European Commission
inspectors may participate as observers in the inspections carried out by the Ukrainian competent authorities in airports
located in the territory of Ukraine, according to a mechanism agreed by the two Parties. This Agreement shall be without
prejudice to the rights and obligations of Ukraine and the EU Member States under Annex 17 to the Convention.
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 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 Convention, the Convention on
Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for
the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970, the Convention for the
Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, the Protocol
for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on
24 February 1988 and the Convention on the Marking of Plastic Explosives for purpose of Detection, signed at Montreal
on 1 March 1991, insofar as both Parties are parties to these conventions, as well as all other conventions and protocols
relating to civil aviation security of which both Parties are parties.
3.
The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil
aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation
facilities, and any other threat to the security of civil aviation.
4.
The Parties shall, in their mutual relations, act in conformity with the aviation security Standards and, so far as they
are applied by them, the Recommended Practices established by the ICAO and designated as Annexes to the Convention,
to the extent that such security provisions are applicable to the Parties. Both Parties shall require that operators of aircraft
of their registry, operators who have their principal place of business or permanent residence in their territory, and the
operators of airports in their territory, act in conformity with such aviation security provisions.
5.
Each Party shall ensure that effective measures are taken within its territory to protect civil aviation against acts of
unlawful interference, including, but not limited to, screening of passengers and their cabin baggage, screening of hold
baggage and security controls for cargo and mail prior to boarding or loading of aircraft, as well as security controls for