- 1 -Rota a explorar nos dois sentidos pela empresa designada pelo Governo da República de Portugal:
Portugal-ponto intermédio-Cidade do México e ou outro ponto no México-ponto além.
- 2 -Rota a explorar nos dois sentidos pela empresa designada pelo Governo dos Estados Unidos do México:
México-um ponto intermédio-Lisboa e ou outro ponto em Portugal-ponto além.
- 3 -Para explorar os serviços referidos no parágrafo 1 desta secção, a empresa designada pelo Governo da República de Portugal terá direito a:
- a)Desembarcar no México tráfego internacional de passageiros, carga e correio embarcado em Portugal;
- b)Embarcar no México tráfego internacional de passageiros, carga e correio destinado a Portugal.
- 4 -Para explorar os serviços definidos no parágrafo 2 desta secção, a empresa designada pelo Governo dos Estados Unidos do México terá direito a:
- a)Desembarcar em Portugal tráfego de passageiros, carga e correio embarcados no México;
- b)Embarcar em Portugal tráfego internacional de passageiros, carga e correio destinado ao México.
- 5 -As empresas designadas de ambas as Partes Contratantes poderão não escalar qualquer dos pontos acima referidos desde que os serviços acordados na rota comecem num ponto do território da Parte Contratante que tenha designado a empresa. A inclusão ou omissão desses pontos será anunciada ao público em devido tempo.
A empresa designada de qualquer das Partes Contratantes poderá embarcar ou desembarcar no território da outra Parte Contratante tráfego internacional de passageiros, carga e correio destinado ou proveniente de um ponto intermédio e ou de um ponto além nas rotas especificadas na secção I, mediante acordo a estabelecer entre as empresas designadas e a aprovar pelas autoridades aeronáuticas de ambas as Partes Contratantes.
(ver texto em língua estrangeira no documento original)
AIR TRANSPORT AGREEMENT BETWEEN THE REPUBLIC OF PORTUGAL AND THE UNITED MEXICAN STATES
The Republic of Portugal and the United Mexican States, hereinafter called «the Contracting Parties»:
Being Parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944;
Desiring to conclude an Agreement for the purpose of establishing air services between their respective territories, in substitution of the Agreement on Civil Air Transport between the Governments of Mexico and Portugal signed at Lisbon, on the 22nd of October, 1948:
have agreed as follows:
Article 1
Definitions
For the purpose of the present Agreement, unless the context otherwise requires:
- a)The term «aeronautical authorities» shall mean in the case of the Republic of Portugal, the Directorate General of Civil Aviation, and in the case of the United Mexican States, the Secretaría de Comunicaciones y Transportes or, in both cases, any person or body authorized to perform any functions at present exercised by the said authorities or similar functions;
- b)The term «the Convention» shall mean the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944, and includes any annex adopted under article 90 of that Convention and any amendment of the annexes or Convention under articles 90 and 94 thereof, so far as those annexes and amendments have been adopted by both Contracting Parties;
- c)The term «designated airline» shall mean an airline which has been designated and authorized in accordance with article 3 of the present Agreement;
- d)The term «territory» in relation to a State shall mean the land areas and territorial waters adjacent thereto under the sovereignity, jurisdiction, protection or mandate of such State;
- e)The terms «air service», «international air service», «airline» and «stop for non-traffic purposes» shall have the meanings assigned to them in article 96 of the Convention;
- f)The term «tariff» shall mean the prices to be paid for the carriage of passengers, baggage and freight and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration or conditions for the carriage of mail;
- g)The term «frequency» shall mean the number of round trip flights operated by an airline in a specified route during a given period; and
- h)The term «this Agreement» shall include the Annex attached to it, including the route schedules and any notes or clauses therein, as well as all the amendments to the Agreement or its Annex.
Article 2
Operating rights
- 1 -Each Contracting Party grants to the other Contracting Party the rights described in the present Agreement and its Annex, for the establishment and the operation of scheduled international air services on the routes specified in the Annex. Such services and routes are hereinafter called «the agreed services» and «the specified routes» respectively.
- 2 -The airline designated by each Contracting Party shall enjoy, while operating an agreed service on a specified route, the following rights:
- a)To fly without landing across the territory of the other Contracting Party;
- b)To make stops in the said territory for non-traffic purposes;
- c)To make stops in the said territory for the purpose of putting down and taking on passengers, mail and cargo coming from or destined for points on the specified routes, subject to the provisions of this Agreement and its Annex.
- 3 -Nothing in this article shall be deemed to confer on the airline of one Contracting Party the right of taking on in the territory of the other Contracting Party passengers, cargo and mail carried for remuneration or hire and destined for another point in the said territory.
Article 3
Designation of airlines
- 1 -Each Contracting Party shall have the right to designate one airline for the purpose of operating the agreed services on the specified routes. The notification of such designation shall be made, in writing, by the aeronautical authorities of the Contracting Party having designated the airline to the aeronautical authorities of the other Contracting Party.
- 2 -On receipt of such notification, the aeronautical authorities of the other Contracting Party, subject to the provisions of paragraphs 3 and 4 of this article shall grant without delay the appropriate operating authorization to the designated airline.
- 3 -The aeronautical authorities of one Contracting Party may require the airline designated by the other Contracting Party to satisfy them that it is qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities in conformity with the provisions of the Convention.
- 4 -Each Contracting Party shall have the right to refuse to grant the operating authorization referred to in paragraph 2 of this article, or to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in article 2 of this Agreement in any case where the said Contracting Party is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals.
- 5 -When an airline has been so designated and authorized, it may begin at any time to operate the agreed services, provided that flight-schedules have been approved and tariffs are in force in respect of those services, as required respectively under article 14 and article 16 of this Agreement.
- 6 -Each Contracting Party shall have the right to withdraw, by written notification to the other Contracting Party, the designation of its own airline and to substitute it by the designation of another airline.
Article 4
Revocation, suspension and limitation of rights
- 1 -The aeronautical authorities of each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in article 2 of the present Agreement by the airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of these rights:
- a)In any case where it is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in nationals of such Contracting Party, or
- b)In the case of failure by that airline to comply with the laws or regulations of the Contracting Party granting these rights, or
- c)In case the airline fails to operate in accordance with the conditions prescribed under the present Agreement.
- 2 -Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this article is essential to prevent further infrigements of laws or regulations, such right shall be exercised only after consultation with the other Contracting Party. Such consultation shall take place within a period of thirty (30) days from the date of the proposal to hold it.
Article 5
Entry and clearance laws and regulations
- 1 -The laws, regulations and procedures of a Contracting Party relating to the admission to, sojourn in, or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of both Contracting Parties without distinction as to nationality, and shall be complied with by such aircraft upon entering into or departing from or while within the territory of that Party.
- 2 -The laws, regulations and procedures of a Contracting Party relating to the admission to, sojourn in, or departure from its territory of passengers, crew, cargo and mail transported on board the aircraft, such as regulations relating to entry, clearance, immigration, passports, customs and sanitary control shall be complied with by or on behalf of such passengers, crew, cargo and mail upon entrance into or departure from or while within the territory of that Party.
Article 6
Custom duties and other charges
- 1 -Aircraft operated on international services by the designated airline of either Contracting Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempted from custom duties, inspection fees and other federal, state or local duties or taxes on arriving in the territory of the other Contracting Party, provided such equipment, supplies and aircraft stores remain on board the aircraft up to such time as 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:
- a)Aircraft stores taken on board in the territory of either Contracting Party, within limits fixed by the authorities of one Contracting Party, and for use on board outbound aircraft engaged in an international service by the designated airline of the other Contracting Party;
- b)Spare parts and regular equipment entered into the territory of either Contracting Party for the maintenance or repair of aircraft used on international services by the designated airline of the other Contracting Party;
- c)Fuels and lubricants destined to supply outbound aircraft operated on international services by the designated airline of the other Contracting Party, even when these supplies are to be used on the part of the journey performed over the territory of the Contracting Party in which they are taken aboard.
- 3 -Materials referred to in sub-paragraphs a), b) and c) above may be required to be kept under customs supervision or control.
- 4 -The regular airborne equipment, as well as the materials and supplies retained on board the aircraft of the designated airline of either Contracting Party may be unloaded in the territory of the other Contracting Party only with the approval of the customs authorities of such territory. In such case, they may be placed under the supervision of said authorities up to such time as they are re-exported or otherwise disposed of in accordance with customs regulations.
Article 7
Passengers and cargo in direct transit
Passengers, baggage, mail and cargo in direct transit across the territory of either Contracting Party and not leaving the area of the airport reserved for such purpose hall, except in respect of security measures against violence and air piracy, be subject to no more than a simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.
Article 8
Certificates of airworthiness
- 1 -Certificates of airworthiness, certificates of competency and licences issued, or validated, by one Contracting Party and unexpired shall be recognized as valid by the other Contracting Party for the purpose of operating the agreed services on the specified routes, provided always that such certificates or licences were issued, or validated, in conformity with the standards established under the Convention.
- 2 -Each Contracting Party, however, reserves the right to refuse to recognize, for flights above its own territory, certificates of competency and licences granted to its own nationals by the other Contracting Party.
Article 9
Charges for the use of airports
Each Contracting Party may impose just and reasonable charges for the use of airport facilities and other services, or allow such imposition, to the aircraft of the designated airline of the other Contracting Party. Such charges shall not be higher than those which have to be paid by national aircraft operating on similar scheduled international services.
Article 10
Security
- 1 -Consistent with their rights and obligations under international law, the Contracting 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 Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at the Hague on 16 December 1970, and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, or any other multilateral convention or modification of these ones, that will become binding on both Contracting Parties.
- 2 -The Contracting 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.
- 3 -The Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention on International Civil Aviation to the extent that such security provisions are applicable to the Parties; they shall require that operators of their nationality or operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airports in their territory act in conformity with such aviation security provisions.
- 4 -Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 3 above required by the other Contracting Party for entry into, departure from, or while within, the territory of that other Contracting Party. Each Contracting 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 Contracting Party shall also give sympathetic consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
- 5 -When an incident 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 Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
Article 11
Representation
The designated airlines of both Contracting Parties shall be allowed:
- a)To establish in the territory of the other Contracting Party offices for the promotion of air transportation and sale of air tickets as well as other facilities required for the provision of air transportation;
- b)To bring in and maintain in the territory of the other Contracting Party - in accordance with the laws and regulations of that other Contracting Party relating to entry, residence and employment - managerial, sales, technical and operational staff required for the provision of air transportation, and
- c)In the territory of the other Contracting Party to engage directly and, at that airlines' discretion, through its agents in the sale of air transportation.
Article 12
Transfer of earnings
Upon request, each designated airline shall have the right to convert and remit to its respective country the local incomes, which exceed the amounts desimbursed locally. The conversion and remittance will be permitted without restriction at the exchange rate applicable to that kind of transaction, effective on the date the said incomes are presented for their conversion and remittance.
Article 13
Capacity
- 1 -There shall be fair and equal opportunity for the designated airlines of both Contracting Parties to operate the agreed services on the specified routes between their respective territories.
- 2 -In operating the agreed services, the designated airline of each Contracting Party shall take into account the interests of the airline of the other Contracting Party so as not to affect unduly the services which the latter provides on the whole or part of the same routes.
- 3 -The agreed services provided by the designated airlines of the Contracting Parties shall bear close relationship to the requirements of the public for transportation on the specified routes and shall have as their primary objective the provision, at a reasonable load factor, of capacity adequate to carry the current and reasonably anticipated requirements for the carriage of passengers, cargo and mail originating from or destined for the territory of the Contracting Party which has designated the airline.
- 4 -The frequency and capacity shall be submitted to the approval of the aeronautical authorities of both Contracting Parties. Such capacity shall be adjusted from time to time to traffic requirements and such adjustments shall also be submitted to the approval of the aeronautical authorities of both Contracting Parties.
- 5 -The designated airlines of both Contracting Parties shall endeavour to agree on the frequency and capacity which shall be submitted for approval in accordance with the provisions of this article.
Article 14
Approval of conditions of operation
The flight schedules of the agreed services and in general the conditions of their operation shall be submitted by the designated airline of one Contracting Party to the approval of the aeronautical authorities of the other Contracting Party at least thirty (30) days before the intended date of their implementation. Any modification to such flight schedules or conditions of their operation shall also be submitted to the aeronautical authorities for approval. In special cases, the above set time limit may be reduced subject to the agreement of the said authorities.
Article 15
Statistics
The aeronautical authorities of each Contracting Party shall instruct their designated airlines to supply the aeronautical authorities of the other Contracting Party, at their request, with such statistics as may be reasonably required for the purpose of reviewing the capacity provided on the agreed services.
Article 16
Tariffs
- 1 -The tariffs to be charged by the designated airline of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard besing paid to all relevant factors, including cost of operation, reasonable profit and the tariffs of other airlines operating the whole or part of the same route.
- 2 -The tariffs referred to in paragraph 1 of this article shall, if possible, be agreed by the designated airlines of both Contracting Parties, after consultation, if necessary, with other airlines operating over the whole or part of the route, and such agreement shall, wherever possible, be reached by the use of the procedures of the International Air Transport Association for the working out of tariffs.
- 3 -The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at least forty five (45) days before the proposed date of their introduction. In special cases, this period may be reduced, subject to the agreement of the said authorities.
- 4 -If a tariff cannot be agreed in accordance with paragraph 2 of this article, the aeronautical authorities of the two Contracting Parties shall endeavour to determine the tariff by mutual agreement. For such a tariff to become applicable the agreement of the aeronautical authorities of both Contracting Parties will be necessary.
- 5 -If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph 3 of this article, or on the determination of any tariff under paragraph 4 of this article, the dispute shall be settled in accordance with the provisions of article 20 of this Agreement for the settlement of disputes.
- 6 -A tariff established in accordance with the provisions of this article shall remain in force until a new tariff has been established. Nevertheless, a tariff shall not be prolonged by virtue of this paragraph for more than twelve (12) months after the date on which it otherwise would have expired.
- 7 -The designated airlines of both Contracting Parties shall in no way modify the price or the conditions of application of the approved tariffs.
Article 17
Consultations
- 1 -In order to ensure close co-operation concerning all the issues related to the implementation of this Agreement, the aeronautical authorities of each Contracting Party shall consult each other whenever it becomes necessary, on request of either Contracting Party.
- 2 -Such consultations shall begin within a period of sixty (60) days from the date of written request by the other Contracting Party unless otherwise agreed by both Contracting Parties.
Article 18
Modification of Agreement
- 1 -If either of the Contracting Parties considers it desirable to modify any provision of this Agreement, it may at any time request consultation to the other Contracting Party. Such consultation shall begin within a period of sixty (60) days from the date of the request, unless otherwise agreed.
- 2 -In case both Contracting Parties agree on modifying the present Agreement, the modifications shall be made through exchange of diplomatic notes and shall come into force upon an additional exchange of diplomatic notes through which both Contracting Parties notify each other of the accomplishment of the necessary requirements according to their respective national legislation.
- 3 -Modification to the Annex may be effected by direct agreement between the aeronautical authorities of the Contracting Parties and shall come into force by an exchange of notes through diplomatic channels.
Article 19
Conformity with multilateral convention
The present Agreement and its Annex shall be deemed to be amended without further agreement as may be necessary to conform with any multilateral convention or agreement which may become binding on both Contracting Parties.
Article 20
Settlement of disputes
- 1 -If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by direct negotiations.
- 2 -If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body, or the dispute may at the request of either Contracting Party be submitted for decision to a tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute, and the third arbitrator shall be appointed within a further period of sixty (60) days. If either of the Contracting 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 Contracting 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.
- 3 -The Contracting Parties undertake to comply with any decision given under paragraph 2 of this article.
- 4 -If and so long as either Contracting Party or the designated airline of either Contracting Party fails to comply with the decision given under paragraph 2 of this article, the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party in default.
- 5 -Each Contracting Party shall pay the expenses of the arbitrator it has nominated. The remaining expenses of the arbitral tribunal shall be shared equally by the Contracting Parties.
Article 21
Termination
Either Contracting Party may at any time give notice, through the diplomatic channels, to the other Contracting Party of its decision to terminate the present 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 the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period. In the absence of acknowledgment of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.
Article 22
Registration
This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.
Article 23
Entry into force
This Agreement shall come into force when the Contracting Parties, by an exchange of diplomatic notes, notify each other of the completion of their constitutional requirements.
In witness whereof the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement.
Done on the sixth day of November in Mexico City in two originals in the Portuguese, the Spanish and English languages, all texts being equally authentic. In case of any divergence of implementation, interpretation or application, the English text shall prevail.
On behalf of the Republic of Portugal:
Jaime José Matos da Gama, Minister for Foreign Affairs.
On behalf of the United Mexican States:
Carlos Ruiz Sacristán, Minister for the Communications and Transports.
ANNEX
SECTION I
- 1 -Route to be operated in both directions by the airline designated by the Government of the Republic of Portugal:
Portugal-intermediate point-Mexico City and/or other point in Mexico-point beyond.
- 2 -Route to be operated in both directions by the airline designated by the Government of the United Mexican States:
Mexico-one intermediate point-Lisbon and/or other point in Portugal-point beyond.
- 3 -To operate the services referred to in paragraph 1 of this section, the airline designated by the Government of the Republic of Portugal shall have the right:
- a)To disembark in Mexico international traffic in passengers, cargo and mail embarked in Portugal;
- b)To embark in Mexico international traffic in passengers, cargo and mail destined for Portugal.
- 4 -To operate the services referred to in paragraph 2 of this section, the airline designated by the Government of the United Mexican States shall have the right:
- a)To disembark in Portugal traffic in passengers, cargo and mail embarked in Mexico;
- b)To embark in Portugal international traffic in passengers, cargo and mail destined for Mexico.
- 5 -The designated airlines of both Contracting Parties may omit calling at any of the above mentioned points provided that the agreed services on the route begin at a point in the territory of the Contracting Party wich has designated the airline. Inclusion or omission of such points shall be announced to the public in due time.
SECTION II
The designated airline of either Contracting Party may use one intermediate point and/or one point beyond, at its choice, on the above specified routes.
SECTION III
The designated airline of either Contracting Party may have the right to embark or to disembark in the territory of the other Contracting Party international traffic in passengers, cargo and mail destined for or originated at an intermediate point and/or a point beyond on the routes specified in section I, subject to agreement to be established between the designated airlines and approved by the aeronautical authorities of both Contracting Parties.