LegalizeResolução da Assembleia da República n.º 21/2017 — Aprova o Acordo sobre Serviços Aéreos entre a República Portuguesa e os Emirados Árabes Unidos, assinado em Lisboa em…
Este é o ato tal como foi publicado. As alterações posteriores não estão incorporadas no texto: cada uma é um ato autónomo neste repositório e uma entrada no historial desta lei.
Aprova o Acordo sobre Serviços Aéreos entre a República Portuguesa e os Emirados Árabes Unidos, assinado em Lisboa em 27 de julho de 2015
4 - The Designated Airlines of each Party shall, either directly and at their discretion, through agents, have the right to engage in the sale of air transportation and its ancillary products and facilities in the Territory of the other Party. For this purpose, the Designated Airlines shall have the right to use its own transportation documents. The Designated Airline of each Party shall have the right to sell, and any person shall be free to purchase, such transportation and its ancillary products and facilities in local currency or in any other freely convertible currency.
5 - The Designated Airlines of one Party shall have the right to pay for local expenses in the Territory of the other Party in local currency or provided that this is in accordance with local currency regulations, in any freely convertible currencies.
6 - Notwithstanding any other provision of this Agreement, the Designated Airlines and indirect providers of air cargo transportation of both Parties shall be permitted, without restriction, to employ any surface transportation for air cargo to or from points in the Territories of the Parties or in third countries including transport to and from all airports with customs facilities, and including, where applicable, the right to transport air cargo in bond under applicable laws and regulations. Such air cargo, whether moving by surface or by air, shall have access to airport customs and processing facilities. The Designated Airlines may elect to perform their own surface transportation or to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of air cargo transportation. Such intermodal cargo services may be offered at a single through price for the air and surface transportation combined, provided that shippers are not misled as to the facts concerning such transportation.
7 - In connection with international air transportation, the Designated Airlines of each Party shall be permitted to hold out passenger services under their own name, through cooperative arrangements with surface transportation providers holding the appropriate authority to provide such surface transportation to and from any points in the Territories of the Parties and beyond. Surface transportation providers shall not be subject to the laws and regulations governing air transportation on the sole basis that such surface transportation is held out by an airline under its own name. Such intermodal services may be offered at a single through price for the air and surface transportation combined, provided that passengers are not misled as to the facts concerning such transportation. Surface transportation providers have the discretion to decide whether to enter into the cooperative arrangements referred to above. In deciding on any particular arrangement, surface transportation providers may consider, among other things, consumer interest and technical, economic, space or capacity constraints.
8 - All the above activities in this article shall be carried out in accordance with the applicable laws and regulations in force in the Territory of the other Party.
Article 14
Transfer of funds
1 - Each Party grants to the Designated Airlines of the other Party the right to transfer freely the excess of receipts over expenditure earned by such airlines in its Territory in connection with the sale of air transportation, sale of other ancillary products and services as well as commercial interest earned on such revenues (including interest earned on deposits awaiting transfer). Such transfers shall be effected in any convertible currency, at the rate of exchange in effect at the time such revenues are presented for conversion and remittance, in accordance with the foreign exchange regulations of the Party in the Territory of which the revenue accrued. Such transfer shall be effected on the basis of official exchange rates or where there is no official exchange rate, such transfers shall be effected on the basis of the prevailing foreign exchange market rates for current payments.
2 - If a Party imposes restrictions on the transfer of excess of receipts over expenditure by the Designated Airlines of the other Party, the latter shall have a right to impose reciprocal restrictions on the Designated Airlines of the first Party.
3 - In the event that there exists, a special agreement between the Parties for the avoidance of double taxation, or in the case where there is a special agreement ruling the transfer of funds between the two Parties, such agreement shall prevail.
Article 15
Notification of timetables
Prior to the inauguration of its services, the timetable of the agreed services, specifying the frequency, the type of aircraft, and period of validity, shall be notified by the designated airline of one Party to the aeronautical authorities of the other Party. This requirement shall likewise apply to any modification thereof.
Article 16
Tariffs
1 - Each Party shall allow Tariffs to be established by each Designated Airline based upon its commercial considerations in the market place. Neither Party shall require the Designated Airlines to consult other airlines about the Tariffs they charge or propose to charge.
2 - Each Party may require prior filing with its Aeronautical Authorities, of prices to be charged to or from its Territory by Designated Airlines of both Parties. Such filing by or on behalf of the Designated Airlines may be required by no more than 30 days before the proposed date of effectiveness. In individual cases, filing may be permitted on shorter notice than normally required. If a Party permits an airline to file a price on short notice, the price shall become effective on the proposed date for traffic originating in the Territory of that Party.
3 - Except as otherwise provided in this article, neither Party shall take unilateral action to prevent the inauguration or continuation of a price proposed to be charged or charged by a Designated Airline of either Party for international air transportation.
4 - Intervention by the Parties shall be limited to:
Prevention of Tariffs whose application constitutes anti-competitive behavior which has or is likely to or intended to have the effect of crippling a competitor or excluding a competitor from a route;
Protection of consumers from prices that are unreasonably high or restrictive due to the abuse of a dominant position; and
Protection of Designated Airlines from prices that are artificially low.
5 - If a Party believes that a price proposed to be charged by a Designated Airline of the other Party for international air transportation is inconsistent with considerations set forth in paragraph (4) of this article, it shall request consultations and notify the other Party of the reasons for its dissatisfaction as soon as possible. These consultations shall be held not later than 30 days after receipt of the request, and the Parties shall cooperate in securing information necessary for reasoned resolution of the issue. If the Parties reach agreement with respect to a price for which a notice of dissatisfaction has been given, each Party shall use its best efforts to put that agreement into effect. Without such mutual agreement to the contrary, the previously existing price shall continue in effect.
6 - The Tariffs to be charged by the air carrier(s) designated by the UAE for carriage wholly within the European Union shall be subject to European Union law.
7 - Notwithstanding the provisions in paragraph 6 of this article, the air carrier(s) designated by the UAE shall be allowed to match existing prices charged by other airlines for carriage wholly within the European Union.
Article 17
Exchange of information
1 - The Aeronautical Authorities of both Parties, on request, shall provide information, as promptly as possible, concerning the current authorizations extended to their respective Designated Airlines to render service to, through, and from the Territory of the other Party. This will include copies of current certificates and authorizations for services on proposed routes, together with amendments or exemption orders.
2 - The Aeronautical Authorities of either Party shall supply to the Aeronautical Authorities of the other Party, at their request, such periodic or other statements of statistics of traffic uplifted from and discharged in the Territory of that other Party as may be reasonably required.
Article 18
Consultation
1 - In a spirit of close cooperation, the Aeronautical Authorities of the Parties shall consult each other from time to time with a view to ensuring the implementation of and satisfactory compliance with, the provisions of this Agreement and either Party may at any time request consultations on the implementation, interpretation, application or amendment of this Agreement.
2 - Subject to articles 4, 10 and 12, such consultations, which may be through discussion or correspondence, shall begin within a period of forty five (45) days of the date of receipt of such a request, unless otherwise agreed by both Parties.
Article 19
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 endeavor to settle it by negotiation.
2 - If the Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body for mediation.
3 - If the Parties do not agree to mediation, or if a settlement is not reached by negotiation, the dispute shall, at the request of either Party, be submitted for decision to a tribunal of three (3) arbitrators which shall be constituted in the following manner:
Within 60 days of receipt of a request for arbitration, each Party shall appoint one arbitrator. A national of a third State, who shall act as the President of the tribunal, shall be nominated as the third arbitrator by the two appointed arbitrators within 60 days of the appointment of the second;
If within the time limits specified above any appointment has not been made, either Party may request the President of the Council of the International Civil Aviation Organization to make the necessary appointment within 30 days. If the President is of the same nationality as one of the Parties, the most senior Vice President who is not disqualified on that same ground shall make the appointment. In such case the arbitrator or arbitrators appointed by the said President or the Vice President as the case may be, shall not be nationals or permanent residents of the States parties to this Agreement.
4 - Except as hereinafter provided in this article or otherwise agreed by the Parties, the tribunal shall determine the place where the proceedings will be held and the limits of its jurisdiction in accordance with this Agreement. The tribunal shall establish its own procedure. A conference to determine the precise issues to be arbitrated shall be held not later than 30 days after the tribunal is fully constituted.
5 - Except as otherwise agreed by the Parties or prescribed by the tribunal, each Party shall submit a memorandum within 45 days after the tribunal is fully constituted. Replies shall be due 60 days later. The tribunal shall hold a hearing at the request of either Party, or at its discretion, within 30 days after replies are due.
6 - The tribunal shall attempt to give a written decision within 30 days after completion of the hearing or, if no hearing is held, 30 days after both replies are submitted. The decision shall be taken by a majority vote.
7 - The Parties may submit requests for clarification of the decision within 15 days after it receives the decision of the tribunal, and such clarification shall be issued within 15 days of such request.
8 - The Parties shall comply with any stipulation, provisional ruling or final decision of the tribunal.
9 - Subject to the final decision of the tribunal, the Parties shall bear the costs of its arbitrator and an equal share of the other costs of the tribunal, including any expenses incurred by the President or Vice President of the Council of the International Civil Aviation Organization in implementing the procedures in paragraph 3(b) of this article.
10 - If, and as long as, either Party fails to comply with a decision contemplated in paragraph (8) of this article, the other Party may limit, suspend or revoke any rights or privileges which it has granted under this Agreement to the Party in default.
Article 20
Amendments
1 - If either Party considers it desirable to modify any provision of this Agreement, it may at any time request consultation to the other Party. Such consultation, shall begin within a period of forty five (45) days from the date the other Party has received the written request.
2 - The amendments shall enter into force in accordance with what is established in article 23 of this Agreement.
Article 21
Registration
This Agreement and any amendments thereto, shall be submitted by the Parties to the International Civil Aviation Organization for registration.
Article 22
Duration and termination
1 - This Agreement shall remain in force for an undetermined period.
2 - Either Party may at any time give notice in writing through diplomatic channels to the other Party of its decision to terminate this Agreement. Such notice shall be simultaneously communicated to the International Civil Aviation Organization. In such case the Agreement shall terminate twelve (12) months after the date of receipt of notice by the other Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period.
3 - In the absence of acknowledgment of receipt of a notice of termination by the other Party, notice shall be deemed to have been received by it fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.
Article 23
Entry into force
This Agreement shall enter into force thirty (30) days after the date of the receipt of the last notification, through diplomatic channels, indicating that d all the internal procedures required for the purpose have been fulfilled.
In witness whereof the undersigned being duly authorized thereto by their respective Governments, have signed this Agreement in duplicate in the Portuguese, Arabic and English Languages, all texts being equally authentic and each Party retains one original in each language for implementation. In the event of any divergence of interpretation, the English text shall prevail.
Done at Lisbon on this 27th day of July of the year 2015.
For the Portuguese Republic:
([ver documento original](https://files.diariodarepublica.pt/1s/2017/02/03200/0073700760.pdf))
For the United Arab Emirates:
([ver documento original](https://files.diariodarepublica.pt/1s/2017/02/03200/0073700760.pdf))
ANNEX 1
Route schedule
Section 1
Routes to be operated by the Designated Airline(s) of the United Arab Emirates (UAE)
([ver documento original](https://files.diariodarepublica.pt/1s/2017/02/03200/0073700760.pdf))
Section 2
Routes to be operated by the Designated Airline(s) of Portuguese Republic
([ver documento original](https://files.diariodarepublica.pt/1s/2017/02/03200/0073700760.pdf))
Operation of the Agreed Services
Notes
1 - The designated airlines of each Party may on any or all flights omit calling at any of the intermediate and/or beyond points mentioned above, provided that the agreed services on the route begin or end in the territory of the Party who has designated the airline, using owned or leased aircraft (wet or dry).
2 - The designated airlines of each Party shall have the right to exercise fifth freedom traffic rights on the following routes:
For airlines of the Portuguese Republic, from points in Portugal via any intermediate points to any points in the United Arab Emirates;
For airlines of the United Arab Emirates, from points in the United Arab Emirates via intra-European Union points to any points in Portugal.
ANNEX 2
List of other States referred to in articles 3 and 4 of this Agreement
The Republic of Iceland (under the Agreement on the European Economic Area).
The Principality of Liechtenstein (under the Agreement on the European Economic Area).
The Kingdom of Norway (under the Agreement on the European Economic Area).
The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).
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