Resolução da Assembleia da República n.º 90/2021 — Aprova o Acordo sobre Transporte Aéreo entre a República Portuguesa e a República do Peru, assinado em Lisboa, a 26 de…

ii) Effective regulatory control of the airline is not exercised or not maintained by the Republic or Peru;

2 - Unless immediate refusal, revocation, suspension, limitation or imposition of the conditions mentioned in paragraph 1 of this article is essential to prevent further infringements of the legislation, the right to refuse, revoke, suspend, limit or impose conditions shall be exercised only after consultation with the other Party. The consultation shall take place within a period of thirty (30) days from the date of the proposal to hold it unless otherwise agreed.

Article 5

Application of legislation and procedures

1 - The legislation and procedures of one Party relating to the admission to, sojourn in, or departure from its territory of aircraft engaged in international air services, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of the designated airlines of the other Party upon entering, departing or while within the territory of the first Party.

2 - The legislation and procedures of one Party relating to the admission to, stay in, or departure from its territory of passengers, crew, baggage, cargo and mail transported on board the aircraft, such as those relating to entry, clearance, immigration, passports, customs, currency, health, quarantine and sanitary control, shall be complied with by the airlines of the other Party, or on behalf of such passengers, crew, entity entitled of baggage, cargo and mail upon entrance into or departure from or while within the territory of this Party.

3 - Neither Party shall give preference to its own nor any other airlines over an airline of the other Party engaged in similar international air transportation in the application of its entry, clearance, aviation security, immigration, passports, advance passenger information, customs and quarantine, postal and similar regulations.

Article 6

Custom duties and other charges

1 - Aircraft operating on international services by the designated airlines of either Party shall be temporarily exempt from custom duties, subject to current customs regulations that govern such Territory.

Regular equipment, its spare parts, its supplies of fuel and lubricants, other consumable technical supplies and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from customs duties, inspection fees and other duties or taxes on arriving at the territory of the counterparty, provided such equipment, supplies and aircraft stores remain on board the aircraft up to the time they are re-exported, or are used on the part of the journey performed over that territory.

2 - There shall also be exempt from the same duties, fees and taxes, with the exception of charges corresponding to the service performed:

3 - All material listed in paragraph 2 of this article shall be kept under customs control or supervision.

4 - The regular airborne equipment, as well as the material and supplies retained on board the aircraft of the designated airlines of either Party, may be unloaded in the territory of the counterparty only with the approval of the customs authorities of that territory. In such case, they must be placed under the supervision of the said authorities up to the moment in which they are re-exported or otherwise disposed of in accordance with customs regulations.

5 - The exemptions provided for by this article shall also be available in situations where the designated airlines of either Party have entered into arrangements with another airline or airlines for the loan or transfer in the territory of the other Party of the items specified in paragraphs 1 and 2 of this article, provided such other airline or airlines similarly enjoy such exemptions from such other Party.

6 - Nothing in this Agreement shall prevent the Parties from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated airline by the other Party that operates, in the case of the Portuguese Republic, between a point in the territory of the Portuguese Republic and another point in the territory of the Portuguese Republic or in the territory of another European Union Member State; and, in the case of the Republic of Peru that operates, between a point in the territory of the Republic of Peru and another point in the territory of the Republic of Peru.

Article 7

User charges

1 - Each Party, in accordance with its national legislation, may impose or permit to be imposed charges, based on sound economic principles, for the use of airports, other facilities and air services under its control.

2 - Neither Party shall impose or permit to be imposed on the designated airlines of the other Party charges higher than those imposed on its own airlines engaged in similar international services.

Article 8

Traffic in direct transit

Traffic in direct transit across the territory of either Party and not leaving the area of the airport reserved for such purpose shall, except in respect of security measures against the threat of unlawful interference, such as violence and air piracy and occasional measures for the combat of illicit drug traffic, be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from customs duties, charges and other similar taxes.

Article 9

Recognition of certificates and licenses

1 - Certificates of airworthiness, certificates of competency and licenses issued, or rendered valid, in accordance with the rules and procedures of one Party, including, in the case of the Portuguese Republic, European Union laws and regulations, and still in force shall be recognized as valid by the other Party for the purpose of operating the agreed services, provided always that the requirements under which such certificates and licenses were issued, or rendered valid, are equal to or above the minimum standards established pursuant to the Convention.

2 - Paragraph 1 also applies with respect to an airline designated by the Portuguese Republic whose regulatory control is exercised and maintained by another European Union Member State.

3 - Each Party, however, reserves the right to refuse to recognize, for flights above its own territory, certificates of competency and licenses granted or validated to its own nationals by the other Party or by any other State.

Article 10

Commercial representation

1 - The designated airlines of each Party shall be allowed:

2 - The competent authorities of each Party will take all necessary steps to ensure that the representation of the airlines designated by the other Party may exercise their activities in an orderly manner.

Article 11

Commercial activities

1 - The designated airlines of each Party shall have the right to sell, in the territory of the other Party, air transportation and any person shall be free to purchase such transportation in the currency of that territory or in freely convertible currencies of other countries in accordance with the foreign exchange regulations in force.

2 - In the exercise of the commercial activities, the principles mentioned in the previous number shall be applied to the designated airlines of both Parties.

Article 12

Conversion and transfer of revenues

1 - Each Party grants to the airlines of the other Party the right of free transfer at the rate of exchange in force on the date of such transfer, in convertible currencies in which the payment is done, of the excess of receipts over expenditures achieved in connection with the carriage of passengers, baggage, cargo and mail on the agreed services in its territory, and in accordance with the domestic law applicable in the territory of the Party from which the transfer is made.

2 - For the purposes of this article, the law applicable of the Portuguese Republic includes all measures taken by European Union.

Article 13

Capacity

1 - The designated airlines of each Party in operating air services on any of the specified routes of this Agreement shall have a fair, just and equal opportunity.

2 - If one Party considers that the air services provided by any of the designated airlines of the other Party do not meet the rules and principles foreseen in this article, such Party may request consultations under article 20 of this Agreement, in order to verify such operations for the establishment, by mutual agreement, of the appropriate corrective measures.

Article 14

Approval of conditions of operation

1 - The timetables of the agreed services and in general the conditions of their operation shall be notified at least thirty (30) days before the intended date of their implementation. Any significant modification to such timetables or conditions of their operation shall also be notified, to the aeronautical authorities, at least eight-working days before their intended operation. In special cases, the above set time limit may be reduced subject to the agreement of the said authorities.

2 - For minor modifications or in case of supplementary flights, the designated airlines of one Party shall notify the aeronautical authorities of the other Party, at least five-working days before their intended operation. In special cases, this time limit may be reduced subject to agreement of the said authorities.

Article 15

Safety

1 - Each Party may request consultations at any concerning safety standards in any area relating to aircrew, aircraft or their operation adopted by the other Party. Such consultations shall take place within thirty (30) days of that request.

2 - If, following such consultations, one Party finds that the other Party does not effectively maintain and administer safety standards in any such area that are at least equal to the minimum standards established at that time pursuant to the Convention, the first Party shall notify the other Party of those findings and the steps considered necessary to conform with those minimum standards, and that other Party shall take appropriate corrective action. Failure by the other Party to take appropriate action within fifteen (15) days or such longer period as may be agreed shall be grounds for the application of article 4 of this Agreement.

3 - Notwithstanding the obligations mentioned in article 33 of the Convention it is agreed that any aircraft operated by the designated airlines of one Party on services to or from the territory of the other Party may, while within the territory of the other Party, be made the subject of an examination by the authorized representatives of the other Party, on board and around the aircraft to check both the validity of the aircraft documents and those of its crew and the apparent condition of the aircraft and its equipment (called "ramp inspection") provided this does not lead to unreasonable delay.

4 - If any such ramp inspection or series or ramp inspections gives rise to serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention, or serious concerns that there is lack of effective maintenance and there is administration of safety standards established at that time pursuant to the Convention, the Party carrying out the inspection shall, for the purposes of article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention.

5 - In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by a designated airline of one Party in accordance with paragraph 3 above is denied by the representative of that designated airline the other Party shall be free to infer that serious concerns of the type referred to in paragraph 4 above arise and draw the conclusions referred in that paragraph.

6 - Each Party reserves the right to suspend or vary the operating authorization of the designated airlines of the other Party immediately in the event the first Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of the airlines' operation.

7 - Any action by one Party in accordance with paragraphs 2 or 6 above shall be discontinued once the basis for the taking of that action ceases to exist.

8 - Where the Portuguese Republic has designated an airline whose regulatory control is exercised and maintained by another European Union Member State, the rights of the other Party under this article shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other European Union Member State and in respect of the operating authorization of that airline.

Article 16

Aviation security

1 - Consistent with their rights and obligations under international law, the Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of:

2 - The Parties shall, in their mutual relations, act as a minimum, in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention to the extent that such security provisions are applicable to the Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory or, in case of the Portuguese Republic operators of aircraft which are established in its territory under the European Union Treaties and have received valid Operating Licenses in accordance with European Union Law, and the operators of airports in their territory act in conformity with such aviation security provisions.

3 - The Parties shall provide upon request all necessary assistance to each other to prevent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.

4 - Each Party agrees that such operators of aircraft shall be required to observe the aviation security provisions referred to in paragraph 2 above required by the other Party for entry into the territory of that other Party and also for departure from, or while within, the territory of the Republic of Peru. For departure from, or while within, the territory of the Portuguese Republic, operators of aircraft shall be required to observe aviation security provisions in conformity with European Union Law. Each Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry-on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Party shall also give sympathetic consideration to any request from the other Party for reasonable special security measures to meet a particular threat.

5 - When an accident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.

6 - If a Party has occasional problems in the context of the present article on safety of civil aviation, the aeronautical authorities of both Parties may request immediate consultations with the aeronautical authorities of the other Party.

Article 17

Provisions of statistics

The aeronautical authorities of one Party shall supply the aeronautical authorities of the other Party, at their request, with such statistics as may be reasonably required for information purposes.

Article 18

Tariffs

1 - The tariffs for the international air transportation shall be established on the basis of commercial conditions within the market place.

2 - Tariffs for international air transport operated pursuant to this Agreement shall not be approved by the aeronautical authorities of either Party.

3 - The Parties acknowledge that market forces shall be the primary consideration in the establishment of tariffs for air transportation.

4 - Without limiting the respective application of general competition and consumer law, each Party may adopt proper measures in accordance with its national law, including in the case of the Portuguese Republic the European Union law, with the purpose to prevent anticompetitive practices by the designated airlines.

Article 19

Unique designator code

Each Party shall accept the designator code used by the designated airlines to identify its flights.

Article 20

Consultations

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

2 - Such consultations, interpretation cases excepted, may be made directly between aeronautical authorities and shall begin within a period of sixty (60) days from the date the other Party receives the written request, unless otherwise agreed by the Parties.

Article 21

Amendments

1 - If either Party considers it desirable to modify any provision of this Agreement, it may at any time request consultations to the other Party. Such consultations 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 the preceding paragraph shall enter into force according to the provisions of article 26.

Article 22

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 through diplomatic channels.

2 - If the Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some entity, 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 thus 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 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 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 - The Parties undertake to comply with any decision given under paragraph 2 of this article.

6 - 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, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Party in default.

7 - Each Party shall pay the expenses of the arbitrator it has nominated. The remaining expenses of the arbitral tribunal shall be shared equally by the Parties.

Article 23

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 Organization, 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 24

Registration

This Agreement and any amendment thereto shall be registered upon its entry into force with the International Civil Aviation Organization.

Article 25

Applicability of multilateral agreements and arrangements

1 - In the performance of this Agreement, both Parties shall behave in accordance with the provisions of the Convention.

2 - If a multilateral agreement concerning air transportation comes into force in respect of both Parties, any inconsistency between the obligations of the Parties under this Agreement and that other agreement shall be resolved by mutual agreement.

Article 26

Entry into force

This Agreement shall enter into force thirty (30) days after the date of the receipt of the last notification, in writing and through diplomatic channels, indicating that the required proceedings by its legal systems have been fulfilled.

(1) For greater certainty, the definition and references to "territory" contained in this Agreement shall apply only for the purposes of determining the scope of this Agreement.

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

Done in Lisbon on the 26th of February, in the Portuguese, Spanish and English languages, all texts being equally authentic. In case of divergence of interpretation, the English version shall prevail.

For the Portuguese Republic:

Eurico Brilhante Dias, Secretary of State of Internationalization.

For the Republic of Peru:

Néstor Popolizio Bardales, Minister of Foreign Affairs.

ANNEX

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/2021/03/05900/0000300035.pdf))

Section 2

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

([ver documento original](https://files.diariodarepublica.pt/1s/2021/03/05900/0000300035.pdf))

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 routes begin or end in the territory of the Party which has designated the airline.

2 - The routes, traffic rights and capacity shall be determined by the aeronautical authorities of both Parties within the limits set forth in this Agreement.

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