Resolução da Assembleia da República n.º 80/2020 — Aprova o Acordo sobre Serviços Aéreos entre a República Portuguesa e a República da Maurícia, assinado em Port Louis…

2 - The designated airline or airlines of each Party shall be authorized, on a reciprocal basis, to bring in and maintain in the territory of the other Party managerial, operational, sale, technical and other specialist staff required for the operation of the agreed services. The required personnel of the designated airline or airlines shall be granted, on a reciprocal basis, the authorization for access to the airport(s) where services are operated and to areas connected with the aircraft, the crew, the passengers and the cargo.

3 - Subject to the laws, regulations and procedures of each Party including, in the case of the Portuguese Republic, European Union law, each designated airline shall have in the territory of the other Party the right to perform its own ground handling ("self-handling") or, at its option, the right to select among competing suppliers that provide ground handling services in whole or in part. Where such laws and regulations limit or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, each designated airline shall be treated on a non-discriminatory basis as regards their access to self-handling and ground handling services provided by a supplier or suppliers.

4 - Each Party shall grant to the designated airline(s) of the other Party the right to engage in the sale of their documents for air transportation in its territory directly or at the airlines' discretion, through its agents. Each designated airline shall have the right to sell such transportation in the local currency or in freely convertible foreign currency. Any designated airline of a Party shall have the right to pay for local expenses in the territory of the other Party in local currency, or in freely convertible foreign currency, provided it complies with local currency regulations.

Article 20

Intermodal Services

1 - Notwithstanding any other provision of this Agreement, airlines and indirect providers of passenger transportation of each Party shall be permitted, without restriction, to employ in connection with international air transportation any surface transportation for passengers to or from any points in the territories of the Parties or in third countries, including transport to and from all airports with customs facilities. Airlines may elect to perform their own surface transportation or, at their discretion, to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of passenger air transportation. Such intermodal passenger services may be offered at a single, through price for the air and surface transportation combined, provided that passengers are informed as to the facts of this transportation.

2 - Notwithstanding any other provision of this Agreement, airlines and indirect providers of cargo transportation of the Parties shall be permitted, without restriction, to employ in connection with international air transportation any surface transport for cargo to or from any points in the territories of the Parties or third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable domestic law. Access to airport customs processing and facilities shall be provided for such cargo, whether moving by surface or by air. Airlines may elect to perform their own surface transport or to provide it through arrangements with other surface carriers, including surface transport operated by other airlines and indirect providers of cargo air transportation. Such intermodal cargo services may be offered at a single, through price for the air and surface transport combined, provided that shippers are informed as to the facts concerning such transport.

Article 21

Consultation

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

2 - Subject to Articles 5 ("Refusal, revocation, suspension and limitation of rights") , 9 ("Aviation safety") and 10 ("Aviation security"), such consultations, which may be through discussion or correspondence, shall begin within a period of sixty (60) days of the date of receipt of such a request, unless otherwise mutually decided.

Article 22

Amendment of Agreement

1 - If either of the Parties considers it desirable to amend any provision of this Agreement, such amendment shall be agreed upon in accordance with the provisions of Article 22.

2 - The amendments resulting from the negotiations referred to in the previous number shall enter into force according to what is established in Article 26.

3 - If, in conformity with domestic law, a multilateral convention concerning air transportation comes into force in respect of both Parties, this Agreement shall be deemed to be amended so far as is necessary to conform with the provisions of that convention.

Article 23

Settlement of disputes

1 - Any dispute between the Parties concerning the interpretation or application/implementation of this Agreement, with the exception of any dispute concerning tariffs, which cannot be settled by consultations or negotiations, or, where agreed, shall at the request of either Party be submitted to an arbitral tribunal.

2 - Within a period of thirty (30) days from the date of receipt by either Party from the other Party of a note through the diplomatic channel requesting arbitration of the disputes by a tribunal, each Party shall nominate an arbitrator. Within a period of thirty (30) days from the appointment of the arbitrator last appointed, the two arbitrators shall appoint a president who shall be a national of a third state. If within thirty (30) days after one of the Parties has nominated its arbitrators, the other Party has not nominated its own or, if within thirty (30) days following the nomination of the second arbitrator, both arbitrators have not agreed on the appointment of the president, either Party may request the President of the Council of the International Civil Aviation Organization to appoint an arbitrator or arbitrators as the case requires. If the President of the Council is of the same nationality as one of the Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.

3 - Except as otherwise determined by the Parties or prescribed by the tribunal, each Party shall submit a memorandum within thirty (30) days after the tribunal is fully constituted. Replies shall be due within thirty (30) days. The tribunal shall hold a hearing at the request of either Party, or at its discretion, within thirty (30) days after replies are due.

4 - The tribunal shall attempt to give a written award within thirty (30) days after completion of the hearing, or, if no hearing is held, after the date both replies are submitted. The award shall be taken by a majority vote.

5 - The Parties may submit requests for clarification of the award within fifteen (15) days after it is received and such clarification shall be issued within fifteen (15) days of such request.

6 - The award of the arbitral tribunal shall be final and binding upon the Parties.

7 - Each Party shall bear the costs of the arbitrator appointed by it. The other costs of the tribunal under this Article shall be shared equally between the Parties.

8 - If and for so long as either Party fails to comply with an award under paragraph 6 of this Article, the other Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Party in default.

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 and, simultaneously, to the International Civil Aviation Organisation, producing its effects twelve (12) months after the receipt of the notification by the other Party.

4 - In case of failure of information to the other Party of the receipt of the notification, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.

Article 25

Registration with ICAO

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

Article 26

Entry into Force

The present Agreement shall enter into force thirty (30) days after the date of the receipt of the last notification, through diplomatic channels, indicating that all the internal procedures required for the purpose have been fulfilled.

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

Done in Port Louis on the 14th of September of 2017, in duplicate 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:

Maria Amélia Paiva, Ambassador of Portugal.

For the Republic of Mauritius:

Nayen Koomar Ballah, Secretary to the Cabinet and Head of the Civil Service.

ANNEX

Route Schedule

The designated airline(s) of each Party shall be entitled to perform international air transportation on their respective routes as given below:

Route for the designated airline(s) of the Republic of Mauritius

([ver documento original](https://files.diariodarepublica.pt/1s/2020/10/20200/0000300029.pdf))

Route for the designated airline(s) of the Portuguese Republic

([ver documento original](https://files.diariodarepublica.pt/1s/2020/10/20200/0000300029.pdf))

Notes

1 - The points on the above route shall be freely selected by the designated airlines of each Party and will be notified to the Aeronautical Authorities of both Parties thirty (30) days before the start of the services.

2 - The designated airline(s) of each Party may perform their services in either or both directions, and may at their option change the order or omit one or more points on any of the above routes, in whole or part of its services (including intermediate, beyond points and points in the territories of the Parties), provided that the services commence or terminate at a point in the territory of the Party designating the airline.

3 - The exercise of the fifth freedom traffic rights on the specified intermediate and/or beyond points shall be subject to agreement between the aeronautical authorities of both Parties.

4 - The designated airline(s) of each Party may serve points in the territory of the other Party in any combination, as part of a through international journey and without domestic traffic rights (cabotage).