Resolução da Assembleia da República n.º 51/2001 — Aprova, para ratificação, o Acordo de Transporte Aéreo entre a República Portuguesa e os Estados Unidos da América…

8 - The expenses of the arbitral tribunal, including the fees and expenses of the arbitrators, shall be shared equally by the Contracting Parties. Any expenses incurred by the resident of the Council of the International Civil Aviation Organization in connection with the procedures of paragraph 2, b), of this article shall be considered to be part of the expenses of the arbitral tribunal.

Article 15

Comparable treatment

The United States shall, to the full extent permitted by US law, offer Portuguese carriers the benefit of any US legislation that provides carriers of other European Union member States opportunities in the areas of cabotage and foreign ownership and control of US carriers. The Portuguese Republic shall, to the full extent permitted by Portuguese and European Union law, offer US carriers the benefit of any Portuguese or European Union legislation that provides carriers of any other North American State opportunities in the areas of cabotage and foreign Fownership and control of Portuguese carriers.

Article 16

Registration with ICAO

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

Article 17

Termination

Either Contracting Party may at any time give notice in writing to the other Contracting Party of its decision to terminate the present Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organization. This Agreement shall terminate at midnight at the place of receipt of the notice 12 months after the date of the receipt of such notice by the other Contracting Party, unless the notice to terminate is withdrawn by mutual agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received 14 days after the receipt of the notice by the International Civil Aviation Organization.

Article 18

Amendments

1 - The Agreement may be amended by written agreement of the Contracting Parties. Amendments shall enter into force on the day on which both Contracting Parties have informed each other by exchange of diplomatic notes that the necessary internal procedures have been completed. Amendments to the annexes shall be provisionally applied by the Contracting Parties through their aeronautical authorities from the date of signature.

2 - If, after entry into force of the Agreement, both Contracting Parties become party to a multilateral agreement that addresses matters covered by this Agreement, they shall consult to determine whether this Agreement should be amended to take into account the multilateral agreement.

Article 19

Entry into force

The Agreement shall apply provisionally upon signature and shall enter into force on the day on which both Contracting Parties have informed each other through an exchange of diplomatic notes that the necessary internal procedures for entry into force of the Agreement have been completed. Upon entry into force the Agreement shall supersede the Agreement between the Portuguese Republic and the United States of America relating to air transport services, signed at Lisbon, December 6, 1945, as amended.

In witness whereof the undersigned, duly authorized thereto by the respective Governments, have signed this Agreement.

Done at Lisbon on the 13th day of May 2000, in the Portuguese and English languages, both texts being equally authentic.

For the Portuguese Republic:

(ver assinatura no documento original)

For the United States of America:

(ver assinatura no documento original)

ANNEX I

Scheduled air transportation

SECTION 1

Routes

Airlines of each Contracting Party designated under this annex shall, in accordance with the terms of their designation, be entitled to perform scheduled international air transportation between points on the following routes:

A) Routes for the airline or airlines designated by the Government of the United States:

1) From points behind the United States via the United States and intermediate points to a point or points in Portugal and beyond;

2) For all-cargo service or services, between Portugal and any point or points;

B) Routes for the airline or airlines designated by the Portuguese Republic:

1) From points behind Portugal via Portugal and intermediate-points to a point or points in the United States and beyond;

2) For all-cargo service or services, between the United States and any point or points.

SECTION 2

Operational flexibility

Each designated airline may, on any or all flights and at its option:

1) Operate flights in either or both directions;

2) Combine different flight numbers within one aircraft operation;

3) Serve behind, intermediate, and beyond points and points in the territories of the Contracting Parties on the routes in any combination and in any order;

4) Omit stops at any point or points;

5) Transfer traffic from any of its aircraft to any of its other aircraft at any point on the routes; and

6) Serve points behind any point in its territory with or without change of aircraft or flight number and may hold out and advertise such services to the public as through services;

without directional or geographic limitation and without loss of any right to carry traffic otherwise permissible under this Agreement; provided that, with the exception of all-cargo services, the service serves a point in the territory of the Contracting Party designating the airline.

SECTION 3

Change of gauge

On any segment or segments of the routes above, any designated airline may perform international air transportation without any limitation as to change, at any point on the route, in type or number of aircraft operated; provided that, with the exception of all-cargo services, in the outbound direction, the transportation beyond such point is a continuation of the transportation from the territory of the Contracting Party that has designated the airline and, in the inbound direction, the transportation to the territory of the Contracting Party that has designated the airline is a continuation of the transportation from beyond such point.

ANNEX II

Charter air transportation

SECTION 1

A) Airlines of each Contracting Party designated under this annex shall, in accordance with the terms of their designation, have the right to carry international charter traffic of passengers (and their accompanying baggage) and/or cargo [including, but not limited to freight forwarder, split, and combination (passenger/cargo) charters]:

1) Between any point or points in the territory of the Contracting Party that has designated the arline and any point or points in the territory of the other Contracting Party; and

2) Between any point or points in the territory of the other Contracting Party and any point or points in a third country or countries, provided that, except with respect to cargo charters, such service constitutes part of a continuous operation, with or without a change of aircraft, that includes service to the homeland for the purpose of carrying local traffic between the homeland and the territory of the other Contracting Party.

B) In the performance of services covered by this annex, airlines of each Party designated under this annex shall also have the right:

1) To make stopovers at any points whether within or outside the territory of either Contracting Party;

2) To carry transit traffic through the other Contracting Party's territory;

3) To combine on the same aircraft traffic originating in one Contracting Party's territory, traffic originating in the other Contracting Party's territory, and traffic originating in third countries; and

4) To perform international air transportation without any limitation as to change, at any point on the route, in type or number of aircraft operated;

provided that, except with respect to cargo charters in the outbound direction, the transportation beyond such point is a continuation of the transportation from the territory of the Contracting Party that has designated the airline and in the inbound direction, the transportation to the territory of the Contracting Party that has designated the airline is a continuation of the transportation from beyond such point.

C) Each Contracting Party shall extend favorable consideration to applications by airlines of the other Contracting Party to carry traffic not covered by this annex on the basis of comity and reciprocity.

SECTION 2

A) Any airline designated by either Contracting Party performing international charter air transportation originating in the territory of the other Contracting Party, whether on a one-way or round-trip basis, shall have the option of complying with the charter laws, regulations, and rules either of its homeland or of the other Contracting Party. If a Contracting Party applies different rules, regulations, terms, conditions or limitations to one or more of its airlines, or to airlines of different countries, each designated airline shall be subject to the least restrictive of such criteria.

B) However, nothing contained in the above paragraph shall limit the rights of either Contracting Party to require airlines designated under this annex by either Contracting Party to adhere to requirements relating to the protection of passenger funds and passenger cancellation and refund rights.

SECTION 3

Except with respect to the consumer protection rules referred to in the preceding paragraph above, neither Contracting Party shall require an airline designated under this annex by the other Contracting Party, in respect of the carriage of traffic from the territory of that other Contracting Party or of a third country on a one-way or round-trip basis, to submit more than a declaration of conformity with the applicable laws, regulations and rules referred to under section 2 of this annex or of a waiver of use laws, regulations or rules granted by the applicable aeronautical authorities.

ANNEX III

Computer reservations systems

1 - The Contracting Parties recognise that computer reservations systems (CRS) operations are an important aspect of the ability of an airline to compete. Specifically, the Contracting Parties note that CRS operations are regulated at the date of this Agreement:

In Portugal under European Community Regulation 2299/89, 24 July 1989, as amended by European Community Regulation 3089/93, 29 October, 1993, and by European Community Regulation 323/99, 8 February, 1999; and

In the United States, under 14 CFR 255.

2 - The Contracting Parties agree that, consistent with the laws and regulations of the Contracting Parties in effect on the date that this Agreement is signed, the following principles shall be followed with respect to CRS operations in international aviation on a non-discriminatory basis:

ii) CRS data bases shall be as comprehensive as possible and CRS vendors shall not delete information from their data bases until it has been superseded;

iii) CRS vendors shall not manipulate information given by participating airlines in a manner which would lead to the provision of inaccurate, misleading or discriminatory information; and the information provided by participating carriers shall be clear and accurate, for example flights where the code displayed is not that of the operating carrier (i. e. code-shares) flights involving a change of aircraft and flights with stops shall be clearly identified as having those characteristics;

iv) All CRS's that are available to travel agents who directly distribute information about airline services to the travelling public in either Contracting Party's territory shall not only be obligated to, but shall also be entitled to, operate in conformance with the CRS rules that apply in the territory where the CRS is being operated;

ANNEX IV

Transitional provisions

1 - The following provisions shall expire on December 31, 2002, or such earlier date as is agreed by the Contracting Parties:

2 - The following provisions shall expire on December 31, 2003, or such earlier date as is agreed upon by the Contracting Parties:

ii) Annex II, section 1, A), 2), where such service does not constitute part of a continuous operation, with or without a change of aircraft, that includes service to the United States for the purpose of carrying local traffic between the United States and the territory of Portugal; and

ii) Annex II, section 1, A), 2), where such service does not constitute part of a continuous operation, with or without a change of aircraft, that includes service to Portugal for the purpose of carrying local traffic between Portugal and the territory of the United States.