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Artigo 21.º — Revisão

Vigente desde: 07/07/2021
  1. 1 -O presente Acordo pode ser objeto de revisão por comum acordo, a pedido de qualquer das Partes, através dos canais diplomáticos.
  2. 2 -As emendas entrarão em vigor nos termos previstos no artigo 19.º do presente Acordo.

    Feito em Nova Deli, a 14 de fevereiro de 2020, em dois originais, nas línguas portuguesa, hindi e inglesa, fazendo ambos fé.

    Pela República Portuguesa:

    Carlos Pereira Marques, Embaixador de Portugal em Nova Deli.

    Pela República da Índia:

    Satinder Pal Singh, Diretor-Geral do Ministério da Marinha Mercante.

    COOPERATION AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND THE REPUBLIC OF INDIA IN THE FIELD OF MARITIME TRANSPORT AND PORTS

    The Portuguese Republic and the Republic of India, hereinafter referred to as "Parties",

    Recognizing that the development of maritime transport between the Portuguese Republic and the Republic of India will contribute to an enhanced cooperation between the two States;

    Desiring to consolidate economic and trade relations and strengthen the foundations for mutual cooperation in the maritime and port sectors;

    Committed to promote maritime traffic between the two States, as well as the operation of their respective ports and national merchant fleets for the further development of each other;

    Recalling the International Conventions to which they are both Parties;

    Aware of the obligations assumed by the Portuguese Republic within the European Union,

    have agreed as follows:

    Article 1

    Object

    The present Agreement establishes the legal regime applicable to cooperation between the Parties in the field of maritime transport and ports, with a view to promoting maritime traffic and the maritime transport industry between them and to coordinate actions in the fields of navigation control, maritime search and rescue, fight against pollution, protection of the marine environment and exchange of information. It further aims at expanding and deepening and institutional and technical cooperation between the Parties, promoting cooperation and the establishment of new partnerships between Portuguese and Indian public and private stakeholders, with a view to stimulating mutual investment and other forms of economic cooperation.

    Article 2

    Scope

    The present Agreement shall apply to all aspects relating to cooperation in the field of maritime transport and ports between the Parties, excluding:

    1. a)Warships and those carrying out coastguard missions;
    2. b)Hydrographic, oceanographic and scientific research vessels;
    3. c)Fishing vessels and fishing ports;
    4. d)Recreational boating;
    5. e)Ships intended for port services, including pilotage, towing, rescue and assistance at sea, and other maritime services;
    6. f)Activities related to the exercise of national cabotage and inland waterway navigation, although the loading and unloading of cargo from or to a third country carried by commercial vessels of one the Parties with destination to the port of the other Party is not considered cabotage.

      Article 3

      Definitions

      For the purposes of the present Agreement:

    7. a)"Competent port and maritime administrations" shall mean:
      1. i)In the Portuguese Republic, the Ministry of Infrastructures and Housing;
      2. ii)In the Republic of India, the Ministry of Shipping;
    8. b)"Shipping Company" shall mean any company that fulfils the following conditions:
      1. i)Belongs to the public and/or private sector of one or both Parties;
      2. ii)Has its registered office in the territory of one of the Parties;
      3. iii)Is incorporated under Company Act/Legislation of the respective Party;
    9. c)"Ship of a Party" shall mean any commercial vessel registered on the territory of that Party and flying its flag in accordance with its legislation.
    10. d)"Seafarer" shall mean any person in the crew list, including the Master.

      Article 4

      Applicable legislation

  3. 1 -The ships of either Party, as well as their crews, passengers and cargoes, in territorial waters and ports of the other Party shall be subject to the legislation in force in this latter Party, in compliance with international law.
  4. 2 -Passengers, crews and shipping companies shall comply with the legislation in force in the territory of each Party.
  5. 3 -The present Agreement shall not affect the international rights and obligations of the Parties, by virtue of commitments made by them under other international conventions, their participation in international organizations and European Union law.

    Article 5

    Nationality and ships' documents

  6. 1 -Each Party shall recognize the nationality of ships which, pursuant to Article 3 of the present Agreement, are ships of the other Party, on the basis of the ships' documents issued by the Competent Maritime Authority of the Party concerned, in accordance with the applicable legislation in force.
  7. 2 -Vessels of either Party possessing Tonnage Measurement Certificate issued in accordance with the International Convention on Tonnage Measurement of Ships shall not be re-measured in the ports of other Party.

    Article 6

    Treatment of ships, crew, passengers and cargo in ports

  8. 1 -Each Party shall ensure, within its ports and territorial waters, both to the ships and their crews, as well as to the passengers and cargo of the other Party, the same treatment as that accorded to their own, with regard to free access to ports, stay in ports, as well as use of all the advantages conferred upon navigation and associated commercial operations.
  9. 2 -The provisions of this Article shall be without prejudice to the rights of local authorities as regards, namely:
    1. a)The application of existing legislation on customs, security, public order and border control;
    2. b)The application of existing legislation on shipping, safety of ships and ports, transport and identification of dangerous goods, protection of the marine environment and safeguard of human lives at sea;
    3. c)Legal proceedings, in cases involving civil liability of one of the Parties, in a port of the other Party.

      Article 7

      Port charges and dues

      The payment of port charges and fees for services and other charges due by the vessels of one of the Parties in the ports or waters of the other Party shall be calculated in accordance with the legislation in force on the territory of the latter.

      Article 8

      Seafarers' identification documents

  10. 1 -Each Party shall recognize the seafarers' identification documents issued by the competent maritime authorities of the other Party and shall grant the holders of such documents the rights provided for in Article 9 of the present Agreement.
  11. 2 -The above identification documents are the following:
    1. a)In the Portuguese Republic, "A Cédula Marítima";
    2. b)In the Republic of India "Continuous Discharge Certificate-cum-Seafarers' Identity Document".

      Article 9

      Rights conferred on seafarers holding identification documents

  12. 1 -The identification documents referred to in Article 8 of the present Agreement shall confer on their holders the right to land during their ship's stay in port provided that:
    1. a)The concerned seafarers hold the required visa;
    2. b)The concerned seafarers are included in the crew list of the ship and in the list sent to the competent authorities of the corresponding Party; and
    3. c)There are no hindrances in terms of security, public order and health.
  13. 2 -At the time of landing and boarding, crew members shall be subject to control procedures, in accordance with the legislation in force in the concerned Party.
  14. 3 -Entry or transit visas required in the territory of one of the Parties shall be granted, at the request of the other Party, to holders of the identification documents referred to in Article 8, who are not nationals of either Party, provided that there are no obstacles in terms of security, public order and health, in accordance with the applicable legislation in force.
  15. 4 -Without prejudice to the provision of hospital care to a member of the crew of a ship of one of the Parties, for the purpose of hospitalization and stay in the territory of the other Party, regardless of his/her nationality or boarding port, visa must be obtained for the boarding.
  16. 5 -Any change to the composition of the crew of a ship shall be recorded in the crew list and communicated, in good time, to the competent authorities of the port where the ship is or will be calling.
  17. 6 -For the purpose of navigation, the master of a ship wich is in a port of the other Party, or a member of the crew designated by him, after consultation with the competent border authority, may contact the diplomatic mission of his flag or the shipping agency of the chartered vessel, in accordance with the applicable legislation in force.

    Article 10

    Shipping activity

  18. 1 -The Parties shall cooperate promoting maritime transport between the two countries with a view to a better operation of their merchant fleets.
  19. 2 -The vessels of each Party shall have the right to navigate between the ports of the Parties, which are open to international trade traffic, and to carry passengers and goods between the Parties, as well as between each of the Parties and third countries.

    Article 11

    Shipping agencies

  20. 1 -Shipping companies of the Parties shall have the right to establish on the territory of the other Party the services necessary to their maritime activities, in accordance with the legislation in force in the territory of the latter.
  21. 2 -Should the companies waive the right referred to in the preceding paragraph of this Article, they may be represented by any authorized shipping company, in accordance with the legislation in force in the territory of the other Party.

    Article 12

    Freight Payment

    The payment of freight for maritime transport operations between the Parties shall be made in convertible currency and accepted by both Parties, in accordance with the exchange legislation in force in each of the countries.

    Article 13

    Settlement of disputes on board of ships

  22. 1 -In the event of a conflict concerning the maritime activity occurring on board of a ship of one of the Parties which is in a port or in the territorial waters of the other Party, the competent maritime authorities of the latter may intervene to promote a friendly settlement of the conflict.
  23. 2 -If the dispute is not settled, the diplomatic or consular mission of the country whose flag the ship is flying must be notified, and if the dispute is not settled, the legislation of the Party in which the ship is located shall apply, as provided for under Article 4 (1).

    Article 14

    Technical Cooperation

  24. 1 -The Parties shall endeavour to strengthen cooperation, exchange of information and experts in the areas of technical knowledge and expertise in maritime transport and ports, namely:
    1. a)Maritime and port training, including Seafarers' placement for onboard training;
    2. b)Maritime and port security;
    3. c)Protection of the marine environment;
    4. d)Shipbuilding and repair;
    5. e)Port construction and operation;
    6. f)Any other area mutually agreed by both parties.
  25. 2 -The Parties agree on the promotion of an exchange of knowledge and experiences in the field of port activity, consisting in the exchange of information and documentation and training in the follwing areas of common interest:
    1. a)Electronic exchanges between private entities and public/government authorities;
    2. b)Electronic platforms (port single window, logistics single window, paperless port);
    3. c)Planning and management systems;
    4. d)Rationalization, cutting of red tape, simplification and harmonization of procedures related to ships and cargo (FAL Convention from IMO);
    5. e)Organizational and management models for ports and networks of logistic services;
    6. f)Monitoring and control of port concessions;
    7. g)Any other matters within the scope of the present Agreement agreed by the Parties.
  26. 3 -The technical cooperation foreseen under the present Agreement may be carried out directly between the port administrations of the States of both Parties, with the DGRM - Direção-Geral dos Recursos Naturais, Segurança e Serviços Marítimos monitoring, with regard to the Portuguese Party, and Director General of Shipping, with regard to the Indian Party.

    Article 15

    National Maritime Legislation

    The two Parties cooperate in the sharing of information on their respective legal regimes in the field of maritime and port activities.

    Article 16

    International relations

  27. 1 -The Parties shall cooperate with a view to harmonizing and unifying their position within international organizations, institutions, conferences and forums related to maritime and port activities.
  28. 2 -The Parties shall also cooperate to coordinate accession to international conventions in order to strengthen the objectives of the present Agreement.

    Article 17

    Joint Port and Maritime Commission

  29. 1 -Within the framework of the principle of cooperation, a Joint Port and Maritime Commission shall be set up consisting of two (2) representatives from each of the maritime administrations and shall, whenever necessary, obtain the opinion of the experts and/or representatives designated by the Parties.
  30. 2 -As soon as the Joint Port and Maritime Commission is constituted, it will initiate the elaboration of its internal regulation and work programme.
  31. 3 -The Joint Port and Maritime Commission shall meet, alternately, in each country, unless otherwise decided, at the request of one of the Parties, not later than three (3) months after a request has been submitted.
  32. 4 -It is responsibility of the Joint Port and Maritime Commission to ensure the correct interpretation of the present Agreement, including the settlement of disputes.

    Article 18

    Settlement of disputes

    If, as provided for under article 17 (4), an agreement cannot be reached between the Parties, the dispute shall be settled by negotiation, through diplomatic channels.

    Article 19

    Entry into force

    The present Agreement shall enter into force thirty days after the date of receipt of the later of the notifications, in writing through diplomatic channels, conveying the completion of the internal procedures of each Party required for that purpose.

    Article 20

    Duration and Denunciation

  33. 1 -The present Agreement shall remain in force for a period of five (5) years, renewable automatically, for equal and successive periods.
  34. 2 -Either Party may at any time denounce the present Agreement by giving advanced written notice, through diplomatic channels.
  35. 3 -The present Agreement shall expire one hundred and eighty (180) days following the receipt of the respective notice.

    Article 21

    Amendments

  36. 1 -The present Agreement may be amended at the request of either Party, by mutual consent, through the diplomatic channels.
  37. 2 -The amendments shall enter into force in accordance with article 19 of the present Agreement.

    Done in New Dehli, on the 14th of February of 2020, in two originals, in Portuguese, Hindi and English, both texts being equally authentic.

    For the Portuguese Republic:

    Carlos Pereira Marques, Ambassador of Portugal to India.

    For the Republic of India:

    Satinder Pal Singh, Joint Secretary, Ministry of Shipping.

    (ver documento original)

    114321078

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