Resolução da Assembleia da República n.º 44/2013 — Aprova o Acordo sobre Transporte Aéreo entre a República Portuguesa e a República de Singapura, assinado em Singapura…

2 - The Parties acknowledge that market forces shall be the primary consideration in the establishment of tariffs for air transportation. Without limiting the application of general competition and consumer law in each Party, consultations may be initiated by either Party in accordance with article 20 for the:

3 - Notwithstanding the above provisions, the tariffs to be charged by the designated airline(s) of both Parties for carriage wholly within the European Union shall be subject to European Union law, which shall be applied on a non-discriminatory basis.

Article 20

Consultations

1 - Either Party may at any time request consultations on the implementation, interpretation or application of this Agreement or compliance with this Agreement.

2 - Such consultations shall begin within a period of forty five (45) days from the date the other Party has received the written request, unless some shorter time frame is provided for in this Agreement or the Parties agree otherwise.

Article 21

Amendments

1 - If either Party considers it desirable to modify any provision of this Agreement, it may at any time request consultation with the other Party. Such consultation shall begin within a period of sixty (60) days from the date the other Party has received the written request.

2 - The amendments resulting from the consultations referred to in paragraph 1 shall enter into force in the same manner as set out in article 26.

Article 22

Conformity with multilateral conventions

If a general multilateral convention on air transport enters into force in relation to both Parties, any inconsistency in the obligations of the Parties under this Agreement and that multilateral convention shall be resolved in the favour of those provision(s) that provide for the designated airlines the greater (i) exercise of rights, (ii) aviation safety and or (iii) aviation security, unless otherwise agreed by the Parties or the context otherwise requires.

Article 23

Settlement of disputes

1 - If any dispute arises between the Parties relating to the interpretation or application of this Agreement, the Parties shall in the first place endeavour to settle it by negotiation through diplomatic channels.

2 - If the Parties fail to reach a settlement by negotiation, they may refer the dispute to any agreed third party body for a decision, or the dispute may at the request of either Party be submitted for decision to an arbitral tribunal of three arbitrators, one to be nominated by each Party and the third to be appointed by the two so nominated.

3 - Each of the Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Party from the other of a notice through diplomatic channels requesting arbitration, and the third arbitrator, who shall not be a national of either Party, shall be appointed within a further period of sixty (60) days.

4 - If either of the Parties fails to nominate an arbitrator within the period specified or the third arbitrator is not appointed, the President of the Council of the International Civil Aviation Organization (or if the President is of the same nationality as one of the Parties, the most senior Vice-President who is not disqualified on that ground) may be requested by either Party to appoint an arbitrator or arbitrators as the case requires. In such case, the third arbitrator shall be a national of a third State and shall act as president of the arbitral body.

5 - Except, as otherwise agreed, the arbitration tribunal shall determine the limits of its jurisdiction in accordance with this Agreement and shall establish its own procedure. At the direction of the tribunal or at the request of either of the Parties, a conference to determine the precise issues to be arbitrated and the specific procedures to be followed shall be held no later than fifteen (15) days after the tribunal is fully constituted.

6 - The decision of the majority of the tribunal shall prevail.

7 - The Parties undertake to comply with any decision given under this article.

8 - If and so long as either Party or the designated airlines of either Party fail to comply with the decision given under paragraph 2 of this article, the other Party may limit, withhold, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Party in default or to the designated airline or airlines in default.

9 - Each Party shall bear the costs of the arbitrator appointed by it. The other expenses of the arbitral tribunal, or the costs of the agreed third-party referred to in paragraph 2, shall be shared equally by the Parties.

Article 24

Duration and termination

1 - This Agreement shall remain in force for an undetermined period.

2 - Each Party may, at any time, terminate this Agreement.

3 - The termination must be notified to the other Party through diplomatic channels and, simultaneously, to the International Civil Aviation Organisation. The termination shall take effect twelve (12) months after the receipt of the notification by the other Party.

4 - In the absence of acknowledgement of receipt by the other Party, the notice shall be deemed to have been received fourteen (14) days after receipt of the notice by the International Civil Aviation Organisation.

Article 25

Registration

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

Article 26

Entry into force

This Agreement shall enter into force thirty (30) days after the date both Parties have notified each other, through diplomatic channels, that all the internal procedures required for that purpose have been fulfilled.

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

Done in Singapore on the 28 of May of 2012, in the English and Portuguese languages, both texts being equally authentic. In case of divergence of interpretation, the English version shall prevail.

For the Portuguese Republic:

José de Almeida Cesário, Secretary of State of Portuguese Communities Abroad.

For the Republic of Singapore:

Masagos Zulkifli Bin Masagos Mohamad, Minister of State, Ministry of Home Affairs & Ministry of Foreign Affairs.

ANNEX

1 - Route schedule

Section 1

Routes to be operated in both directions by the designated airlines of the Portuguese Republic:

([ver documento original](https://files.diariodarepublica.pt/1s/2013/04/06600/0195801972.pdf))

Section 2

Routes to be operated in both directions by the designated airlines of the Republic of Singapore:

([ver documento original](https://files.diariodarepublica.pt/1s/2013/04/06600/0195801972.pdf))

2 - Operational flexibility

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

without directional or geographical limitation and without loss of any right to carry traffic otherwise permissible under this Agreement, provided that the service serves a point in the territory of the Party designating the airline.

3 - Routing, capacity and traffic rights

With effect from the beginning of IATA Scheduling Season for Northern Summer 2010 («IATA Summer 2010»):

The designated airlines of the Parties shall be allowed to exercise unlimited third, fourth and fifth freedom traffic rights, on the specified routes, with unlimited frequencies and capacities, and with any aircraft type.

Prior to IATA Summer 2010:

(i) With respect to all-cargo services, the designated airlines of each Party shall be allowed to exercise full third, fourth and fifth freedom traffic rights, on the specified routes, with unlimited frequencies and capacities, and with any aircraft type;

(ii) With respect to passenger services, the designated airlines of each Party shall be allowed to exercise:

(a) Full third and fourth freedom traffic rights, on the specified routes, with unlimited frequencies and capacities, and with any aircraft type;

(b) Full fifth freedom traffic rights on the specified routes, with unlimited frequencies and capacities, and with any aircraft type, on sectors which are not served by the airlines of the other Party. Should the airlines of the other Party commence operations on the said sector(s), the Parties shall consult to discuss the exercise of 5th freedom traffic rights on the said sector(s). Such consultations may be conducted through correspondence.

4 - Cooperative marketing arrangements

In operating or holding out the agreed services on the specified routes, the airlines of one Party may enter into cooperative marketing arrangements such as code-sharing with:

. An airline or airlines of either Party; and

. An airline or airlines of a third country, provided that such third country authorizes or allows comparable arrangements between the airlines of the other Party and other airlines on services to, from and via such third country;

provided that all airlines in such arrangements hold the appropriate authority and meet the requirements normally applied to such arrangements.

Signed cooperative marketing arrangements between airlines in this regard shall be filed with both aeronautical authorities prior to the introduction of any cooperative marketing arrangements and shall be subject to review by the aeronautical authorities if the cooperative marketing arrangements are inconsistent with this Agreement or with any applicable domestic laws and regulations.

When booking, issuing, selling tickets and at check-in on services pursuant to any code-share agreement, the marketing carrier shall advise its passengers of which airline will actually operate each sector of the service.

5 - Leasing

Either Party may prevent the use of leased aircraft for services under this Agreement which does not comply with articles 15, 16 and 17 of this Agreement.

Subject to the above paragraph, the designated airlines of each Party may use aircraft (or aircraft and crew) leased from any company, including other airlines, provided that this would not result in a lessor airline exercising traffic rights it does not have.

6 - Intermodal transport

Subject to the laws and regulations of each Party, the designated airlines shall be permitted to employ, in connection with air transport, any intermodal transport to or from any points in the territories of the Parties or third countries. Airlines may elect to perform their own intermodal transport or to provide it through arrangements, including code share, with other carriers. Such intermodal services may be offered as a through service and at a single price for the air and intermodal transport combined, provided that passengers and shippers are informed as to the providers of the transport involved. This clause does not in any way confer the right of cabotage.