97 | II Série A - Número: 007S2 | 2 de Outubro de 2008

ground unless its departure is necessitated by the overriding duty to protect human life. Wherever practicable, such measures shall be taken on the basis of mutual consultations.
5. The 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 Parties.
6. Each Party agrees that the designated airlines shall be required to observe the aviation security provisions referred to in paragraph 5 of this Article applied by the other Party for entry into, departure from, or while within, the territory of that other Party. For departure from, or while within, the territory of the Portuguese Republic, designated airlines shall be required to observe aviation security provisions in conformity with European Community law. For departure from, or while within, the territory of Ukraine, designated airlines shall be required to observe aviation security provisions in conformity with its national legislation in force. Each Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crews, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Party shall also give due consideration to any request from the other Party for reasonable special security measures to meet a particular threat.
7. When a Party has reasonable grounds to believe that the other Party has departed from the provisions of this Article, the first Party may request consultations. Such consultations shall start within fifteen (15) days of receipt of such a request from either Party. Failure to reach satisfactory agreement within fifteen (15) days from the start of consultations shall constitute grounds for withholding, revoking, suspending or imposing conditions on the operating authorizations of the airline or airlines designated by the other Party. When justified by an emergency, or to prevent further non-compliance with the provisions of this Article, the first Party may take interim action at any time.

Article 15 Safety

1. Each Party may request consultations with the other Party at any time concerning safety standards in any area relating to aeronautical facilities, aircrew, aircraft or their operation adopted by the other Party. Such consultations shall take place within thirty (30) days of the receipt that request.
2. If, following such consultations, one Party finds that the other 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 Party shall notify the other Party of those findings and the steps considered necessary to conform with those standards and that other Party shall take appropriate corrective action. Failure by the other Party to take appropriate action within fifteen (15) days or such longer period as may be agreed, shall constitute grounds for the application of Article 4 of this Agreement.
3. As provided for in Article 16 of the Convention the Parties agreed that the aircraft operated by the designated airlines of one Party on services to or from the territory of the other Party, may, while within the territory of the other Party, be the subject of a search by the authorized representatives of the aeronautical authorities of the other Party (in this Article called ―ramp inspection‖), provided this does not cause unreasonable delay in the operation of the aircraft. Recognizing the validity of the aircraft documentation, the licences of its crew pursuant to Article 33 of the Convention, the mentioned documents and licences, the condition of an aircraft and its equipment may be subject to verifying of their conformity to the safety standards established at that time, pursuant to the Convention while the search.
4. If any ramp inspection or series of ramp inspections give 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 the safety standards established at that time pursuant to the Convention,

the 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 certificate or licences in respect of that aircraft or in respect of