Статья 14«Соглашение между Правительством Российской Федерации и Правительством Китайской Народной Республики о сотрудничестве в области авиационного поиска и спасания гражданских воздушных судов» [рус., англ.]

Каждая Сторона может в любое время письменно уведомить другую Сторону о своем намерении прекратить действие настоящего Соглашения.

В этом случае настоящее Соглашение прекращает свое действие через 12 месяцев с даты получения такого уведомления другой Стороной, если до истечения этого срока Стороны не договорятся об ином.

Совершено в г. Москве 6 декабря 2012 года в двух экземплярах, каждый на русском, китайском и английском языках, причем все тексты имеют одинаковую силу.

В случае расхождений в толковании настоящего Соглашения используется текст на английском языке.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA ON THE COORDINATION FOR CIVIL AIRCRAFT SEARCH AND RESCUE

(Moscow, 6.XII.2012)

The Government of the Russian Federation and the Government of the People's Republic of China (hereinafter referred to as «the Parties»);

Being Parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944 (hereinafter referred to as «the Convention»);

Taking account of the standards and recommended practices of the International Civil Aviation Organization concerning the cooperation between search and rescue units in neighboring states;

Recognizing the significant importance of the immediate assistance to persons who are in distress of aircraft accidents and incidents;

Have agreed as follows:

The terms and definitions of Chapter 1, Annex 12 of the Convention shall be applied for the purpose of this Agreement.

The Parties shall organize and conduct search and rescue operations in accordance with this Agreement. For organizing and conducting such operations, the International Aeronautical and Marine Search and Rescue Manual of the International Maritime Organization and International Civil Aviation Organization shall be applied together with Annex 12 of the Convention. Matters relating to the organizing and conducting of the marine search and rescue operations shall not be included in this Agreement.

1. The Parties shall consider the boundaries both between territories of the neighboring states and neighboring flight information regions as the boundaries between the responsible search and rescue regions. The setting of the boundaries between search and rescue regions has no concern to the boundary between the states and has no effect on them.

2. The Parties shall establish civil aircraft search and rescue units (hereinafter referred to as «search and rescue units») for its responsible search and rescue regions. Those units perform their duties 24 hours a day.

3. The responsible authorities for the implementation of this Agreement are: in case of the Russian Federation, the Ministry of Transport of the Russian Federation or a person/body which is authorized to perform the functions presently exercised by the said Ministry;

in case of the People's Republic of China, the Civil Aviation Administration of China or a person/body which is authorized to perform the functions presently exercised by the said Administration.

The change of responsible authorities for the implementation of this Agreement shall be notified to each other through diplomatic channels.

All the search and rescue operations in the territories of the Russian Federation and the People's Republic of China as well as in the adjacent flight information regions shall be conducted in accordance with the laws and regulations of each Party.

1. If the search and rescue unit of one Party is informed of an aircraft accident or an incident in its search and rescue region, that unit shall take all necessary search and rescue measures without delay.

2. If the search and rescue unit of one Party is informed of an aircraft accident or an incident in the search and rescue region of the other Party, that unit shall immediately inform the search and rescue unit of the other Party of the accident or incident.

3. If, under the circumstances of paragraph 1 above, there is a necessity for the search and rescue unit of one Party to be assisted from the search and rescue unit of the other Party, the unit of the first Party may request such assistance. The authorities of one Party who wish their search and rescue units to enter the territory of the other Party for search and rescue purposes shall transmit a request, giving full details of the projected mission, to the rescue coordination centre of that other Party or to such other authority as has been designated by that other Party. Subject to such conditions as prescribed by its own authorities, the Party which requests the assistance shall permit immediate entry into its territory of search and rescue units of the other Party for the purpose of searching for the site of aircraft accidents and rescuing survivors of such accidents. Further measures shall be taken under the mutual cooperation of both search and rescue units.

4. Any persons who are in distress shall be assisted regardless of nationalities or status of such persons or the circumstances in which such persons are found.

5. The Parties shall have the responsibility to inform each other of the incident happened and the measures taken in their search and rescue regions concerning the aircraft registered in the other Party.

6. One Party shall inform the diplomatic and consulate representatives of the other Party of the found and rescued survivors or the corpse whose nationalities belong to the other Party. The information shall be sent immediately and, if possible, include the full name, sex, date of birth, address, passport number as well as the information of the survivor's health state or the location of the corpse.

1. The Parties shall strengthen the cooperative relations between their search and rescue units. These cooperative relations include joint training for search and rescue, routine inspection on communication channels between both Parties, mutual visit of the search and rescue experts, exchange of the search and rescue information and experiences.

2. The responsible authorities of the Parties shall conclude the specific agreement on related coordination procedures for the cooperation during the implementation of this Agreement.

3. To review and settle the practical cooperative matters within the contents of this Agreement, the responsible authorities of the Parties shall meet regularly in the Russian Federation or the People's Republic of China by rotation, as required.

1. The international disaster, emergency and alert signals and signals applied for the search and rescue operations shall have effects to assist the aircraft in distress without delay.

2. The list of the technical equipment to be installed in the aircraft for search and rescue operations shall be determined by the national regulations of the respective Party.

The Parties shall bear all expenses for the search and rescue operations in their search and rescue regions within the contents of this Agreement.

Any provisions of this Agreement shall not affect in any way the rights and duties of other international agreements to which one Party is a member state.

If any difference of opinion arises in respect of the interpretation or implementation of this Agreement between the Parties, the responsible authorities of the Parties shall endeavor to settle it through consultation. If a settlement still cannot be reached between responsible authorities, the Parties shall settle it through diplomatic channels.

If one Party suggests the amendment of this Agreement, the responsible authorities of both Parties shall have a consultation on these amendments. Such consultations shall begin within 60 days from the date of the delivery of the request for consultation, unless otherwise suspended by the responsible authorities of the Parties.

This Agreement and any subsequent amendments thereto shall be registered with the International Civil Aviation Organization.

This Agreement shall enter into force on the date of receipt of the last notification through diplomatic channels by either Party to the other Party that it has fulfilled its internal procedures for the entry into force of this Agreement. This Agreement shall continue in force indefinitely.

One Party may at any time give a notice to the other Party of its decision to terminate this Agreement in writing. In this case this Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Party on termination, unless otherwise agreed by the Parties before the expiry of this period.

Done in Moscow on the 6th day of December 2012 in two originals in the Russian, Chinese and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall be used.

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