- 1.Este Acordo será aprovado nos termos da legislação nacional de cada um dos Estados e entrará em vigor no dia da troca de notas informando que essa legislação foi observada.
- 2.Este Acordo entrará em vigor provisoriamente a partir da data da sua assinatura. Tal aplicação provisória não excederá seis meses, salvo acordo em contrário entre as duas Partes Contratantes.
Feito em duplicado, em Varsóvia, em 30 de Setembro de 1975, em língua inglesa.
Pelo Governo de Portugal:
Joaquim Jorge de Pinho Campinos.
Pelo Governo da República Popular da Polónia:
(Assinatura ilegível.)
ANEXO AO ACORDO DE TRANSPORTE AÉREO ENTRE O GOVERNO DE PORTUGAL E O GOVERNO DA REPÚBLICA POPULAR DA POLÓNIA.
A empresa designada pelo Governo de Portugal poderá explorar serviços aéreos regulares na seguinte rota, em ambos os sentidos:
Lisboa e/ou outro ponto em Portugal-pontos intermédios-Varsóvia.
Na exploração destes serviços, a empresa designada pelo Governo de Portugal terá o direito de:
- a)Desembarcar no território da Polónia passageiros, carga e correio embarcados no território de Portugal;
- b)Embarcar no território da Polónia passageiros, carga e correio destinados ao território de Portugal;
- c)Omitir um ou mais pontos intermédios, desde que os serviços acordados na rota comecem em território português e as omissões sejam previamente anunciadas nos horários.
A empresa designada pelo Governo da República Popular da Polónia poderá explorar serviços aéreos regulares na seguinte rota, em ambos os sentidos:
Varsóvia e/ou outro ponto na Polónia-pontos intermédios-Lisboa.
Na exploração destes serviços, a empresa designada pelo Governo da República Popular da Polónia terá o direito de:
- a)Desembarcar no território de Portugal passageiros, carga e correio embarcados no território da Polónia;
- b)Embarcar no território de Portugal passageiros, carga e correio destinados ao território da Polónia;
- c)Omitir um ou mais pontos intermédios, desde que os serviços acordados na rota comecem em território polaco e as omissões sejam previamente anunciadas nos horários.
As disposições contidas nas partes I, II e III não afectam a possibilidade de cada empresa designada aterrar em qualquer ponto intermédio para fins não comerciais e transportar tráfego comercial entre qualquer ponto intermédio e o seu próprio país, em ambas as direcções.
AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF PORTUGAL AND THE GOVERNMENT OF THE POLISH PEOPLE'S REPUBLIC.
The Government of Portugal and the Government of the Polish People's Republic 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 promote mutual relations in the area of air transport:
Have agreed as follows:
ARTICLE 1
For the purposes of this Agreement and of the Annex thereto:
- a)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 Annex or Convention under articles 90 and 94 thereof so far as those Annexes and amendments have been adopted by both Contracting Parties;
- b)The term «aeronautical authority» shall mean in the case of Portugal - the Secretary of State of Transport and Communications and in the case of the Polish People's Republic - the Minister of Transport, or in both cases, any person or body authorized to perform any functions being the responsability of the said authorities;
- c)The term «designated airlines» shall mean an airline which has been designated by a Contracting Party for the purpose of operating the agreed services on the routes specified in the Annex to this Agreement and which has obtained the operating authorization, in accordance with the provisions of Article 3 of this Agreement.
ARTICLE 2
- 1.Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement, for the purpose of establishing scheduled international air services on the routes specified in the Annex thereto.
- 2.Such services and routes are hereinafter called «the agreed services» and «the specified routes» respectively.
- 3.The airlines 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 take on and to put down in international traffic passengers, mail and cargo at the specified points on the specified routes, subject to the provisions of this Agreement and the Annex thereto.
ARTICLE 3
- 1.Each Contracting Party shall have the right to designate an airline for the purpose of operating the agreed services on the specified routes. This designation shall be notified in writing by the aeronautical authorities of one Contracting Party to the aeronautical authorities of the other Contracting Party.
- 2.The Contracting Party having received the notifications of designation shall, subject to the provisions of paragraphs 3 and 4 of this Article, without delay grant the appropriate operating authorization to the airline designated by the other Contracting Party. The granted operating authorization shall not be transferred or transmitted to another airline without consent of the Contracting Party which granted such authorization.
- 3.The aeronautical authorities of one Contracting Party may require an 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, if 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 a designated airline has been so authorized under paragraph 2 of this Article, it may begin at any time to operate each agreed service, provided that a tariff established in accordance with the provisions of Article 10 of this Agreement is in force in respect of that service.
ARTICLE 4
- 1.Each Contracting Party shall have the right to revoke the operating authorization or to suspend the exercise of the rights specified in Article 2 of this Agreement by an 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 in this Agreement and the Annex thereto.
- 2.Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this Article is essential to prevent further infringements of laws or regulations, such right shall be exercised only after consultation with the other Contracting Party. In such a case the consultation shall begin within a period of twenty days of the date of request made by either Contracting Party for the consultation.
ARTICLE 5
- 1.There shall be fair and equal opportunity for the 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 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 capacity to be provided by the designated airlines for the purpose of putting down and taking up international traffic in passengers, cargo and mail in accordance with the appropriate part of the Annex shall be maintained in equilibrium with the traffic requirements between the terminals of the specified routes.
- 4.The total capacity shall be divided as far as possible equally between the designated airlines unless otherwise agreed upon in accordance with the provisions of paragraph 7 hereunder.
- 5.The capacity to be offered and the frequency of the services on the specified routes shall be discussed, agreed upon and reviewed from time to time between the aeronautical authorities of the two Contracting Parties.
- 6.In order to meet unexpected traffic demands of a temporary character, the designated airlines may, notwithstanding the provisions of paragraph 3 and 4 above, agree between them to such temporary increases of capacity as are necessary to meet the traffic demand.
- 7.In se far as one of the Contracting Parties may not wish, permanently or temporarily, to operate, in full or in part, the capacity to which it is entitled under the preceding paragraphs, that Contracting Party may arrange with the other Contracting Party, under terms and conditions to be agreed between them, for the designated airline of such other Contracting Party to operate additional capacity so as to maintain the full capacity agreed upon between them in accordance with the preceding paragraphs. It shall, however, be a condition of any such arrangements that if the first Contracting Party should at any time decide to commence to operate, or to increase the capacity of its services, within the total capacity to which it is entitled under the preceding paragraphs, and gives in reasonably time advance notification thereof, the airline of the other Contracting Party shall withdraw correspondingly some or all of the additional capacity which it had been operating.
- 8.Whenever a service of a designated airline of a Contracting Party is operated on a route via intermediate points and/or to points beyond the territory of the other Contracting Party, a capacity additional to that established in accordance with paragraphs 3 to 6 above may be offered by that airline subject to agreement between the competent aeronautical authorities.
- 9.The airlines designated by the two Contracting Parties shall mutually agree on the conditions under which the agreed services shall be operated. Such an agreement shall determine, having regard to the capacity to be operated by each airline, the frequency of the services, the time-tables and, in general, the conditions of the operation. The agreement thus reached between the airlines shall be submitted for approval to the aeronautical authorities of the two Contracting Parties, if the national regulations of either Contracting Party so require or at the request of the aeronautical authorities of either Contracting Party.
ARTICLE 6
- 1.Aircraft engaged in international services by the designated airline of either Contracting Party, as well as their regular equipment, supplies of fuel and lubricants, 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 in the territory of the other Contracting Party, provided this aircraft is re-exported and such equipment, supplies and stores remain on board this aircraft up to such time as they are re-exported.
- 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 in the territory of either Contracting Party, within limits fixed by the authorities of the said Contracting Party, and destined for use on board outbound aircraft operated on an international service by the designated airline of the other Contracting Party,
- b)Spare parts and regular equipment entered into the territory of one of the Contracting Parties and destined for the maintenance or repair of aircraft engaged in an international service by the designated airline of the other Contracting Party,
- c)Fuel and lubricants destined to supply aircraft engaged in an international service by the designated airline of the other Contracting Party even when these supplies are to be used on the part of the flight performed over the territory of the Contracting Party in which they are taken on board.
- 3.If national laws or regulations of either Contracting Party so require, material referred to in paragraphs 1 and 2 of this Article shall be kept under customs control of the said Contracting Party.
ARTICLE 7
The regular airborne equipment, as well as the materials and supplies retained on board the aircraft operated by 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 the said authorities up to such time as they are re-exported or otherwise disposed of with the consent of the same authorities.
ARTICLE 8
Passengers in direct transit across the territory of either Contracting Party shall be subject to no more than a very simplified control. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.
ARTICLE 9
- 1.The laws and regulations of each Contracting Party governing the admission to, remaining in and departure from its territory of aircraft engaged in international air services and the operation and navigation of aircraft while within the limits of its territory, shall also be applied to the aircraft of the designated airline of the other Contracting Party.
- 2.The laws and regulations of each Contracting Party governing the admission to, remaining in and departure from its territory of passengers, crews, mail and cargo transported on board aircraft and in particular those regarding passports, customs and sanitary control shall be applied to passengers, crews, mail and cargo taken on board the aircraft of the designated airline of the other Contracting Party.
ARTICLE 10
- 1.In the following paragraphs, the term «tariff» means the price 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.
- 2.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 being paid to all relevant factors including cost of operation, reasonable profit and the tariffs of other airlines.
- 3.The tariffs referred to in paragraph 2 of this Article shall, if possible, be agreed by the designated airlines concerned of both Contracting Parties, in consultation with other airlines operating over the whole or part of the route. Such Agreement shall, where possible, be reached through the rate-fixing machinery established by the International Air Transport Association.
- 4.The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of the Contracting Parties at least ninety days before the proposed date of their introduction. In special cases, this time limit may be reduced, subject to the agreement of the said authorities.
- 5.This approval may be given expressly. If neither of the aeronautical authorities has expressed disapproval within thirty days from the date of submission, in accordance with paragraph 4 of this Article, these tariffs shall be considered as approved. In the event of the period for submission being reduced, as provided for in paragraph 4, the aeronautical authorities may agree that the period within which any disapproval must be notified shall be less than thirty days.
- 6.If the designated airlines cannot agree on any of these tariffs, or if for some other reason a tariff cannot be fixed in accordance with the provisions of paragraph 3 of this Article, or if during the first thirty days of the ninety-day period referred to in paragraph 4 of this Article the aeronautical authorities of one Contracting Party give the aeronautical authorities of the other Contracting Party notice of their dissatisfaction with any tariff agreed in accordance with the provisions of paragraph 3 of this Article, the aeronautical authorities of both Contracting Parties shall, after consultation with the aeronautical authorities of any other State whose advice they consider useful, try to determine the tariff by agreement between themselves.
- 7.If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph 4 of this Article, or on the determination of any tariff under paragraph 6 of this Article, the dispute shall be settled in accordance with the provisions of Article 13 of this Agreement.
- 8.The tariffs established in accordance with the provisions of this Article shall remain in force until new tariffs have been established in accordance with the provisions of this Article. Nevertheless, a tariff shall not be prolonged by virtue of this paragraph for more than twelve months after the date on which it otherwise would have expired.
ARTICLE 11
Each Contracting Party grants to the designated airline of the other Contracting Party the right of free transfer of the excess of receipts over expenditure earned by that airline in its territory in connection with the carriage of passengers, mail and cargo. Such transfer will be carried out in conformity with the provisions of the payment agreement which may be in force between both countries. In the absence of the appropriate provisions of a payment agreement, the above mentioned transfer shall be made in convertible currencies. The procedure for the transfer shall conform with national currency regulations.
ARTICLE 12
In a spirit of close cooperation, the aeronautical authorities of the Contracting Parties shall consult each other from time to time with a view to ensuring the implementation of, and satisfactory compliance with, the provisions of the present Agreement and the Annex thereto.
ARTICLE 13
- 1.If any dispute arises between the Contracting Parties relating to the interpretation or application of the present Agreement including its Annex, the Contracting Parties shall in the first place endeavour to settle it by negotiation.
- 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; if they do not so agree, the dispute shall 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 days from the date of receipt by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute by such a tribunal and the third arbitrator shall be appointed within a further period of sixty days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or if the third arbitrator is not appointed within the period specified, 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 tribunal.
- 3.The Contracting Parties shall comply with any decision given under paragraph 2 of this Article.
ARTICLE 14
- 1.Either Contracting Party may in any time propose to the other Contracting Party any amendment which it considers desirable to bring to this Agreement. The consultation between the Contracting Parties concerning the proposed amendments shall begin within a period of sixty days from the date of presentation of the request for such consultation by one Contracting Party.
- 2.If either Contracting Party considers it desirable to amend the Annex to this Agreement, the aeronautical authorities of both Contracting Parties may agree upon any such amendment.
- 3.Any amendments to this Agreement or its Annex pursuant to paragraph 1 or 2 of this Article shall come into effect when confirmed by an exchange of notes between the Contracting Parties.
ARTICLE 15
The present Agreement and its Annex shall be deemed amended in conformity with a multilateral air transport agreement which may become binding on both Contracting Parties.
ARTICLE 16
This Agreement is concluded for indefinite time.
Either Contracting Party may at any time denounce it by notification. In such a case this Agreement shall terminate twelve months after the date of receipt of notification by the other Contracting Party.
ARTICLE 17
- 1.This Agreement shall be approved pursuant to the national legislation of each of two States and shall come into effect on the day of the exchange of notes stating that this legislation has been complied with.
- 2.This Agreement shall provisionally apply from the date of signature. Such a provisional application shall not last more than six month, unless otherwise agreed by the two Contracting Parties.
Done in duplicate at Warsaw on September 30th, 1975, in the English language.
For the Government of Portugal:
Joaquim Jorge de Pinho Campinos.
For the Government of the Polish People's Republic:
(Assinatura ilegível.)
ANNEX TO THE AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF PORTUGAL AND THE GOVERNMENT OF THE POLISH PEOPLE'S REPUBLIC.
PART I
The airline designated by the Government of Portugal may operate scheduled air services on the following route in both directions:
Lisbon and/or another point in Portugal-intermediate points-Warsaw.
While operating these services, the airline designated by the Government of Portugal shall have the right:
- a)To put down in the territory of Poland passengers, cargo and mail taken on in the territory of Portugal;
- b)To take on in the territory of Poland passengers, cargo and mail destined for the territory of Portugal;
- c)To omit calling at one or more intermediate points, provided that the agreed services on the route begin in Portuguese territory and provided that the omissions are previously published in the time-tables.
PART II
The airline, designated by the Government of the Polish People's Republic may operate scheduled air services on the following route in both directions:
Warsaw and/or another point in Poland-intermediate points-Lisbon.
While operating these services, the airline designated by the Government the Polish People's Republic shall have the right:
- a)To put down in the territory of Portugal passengers, cargo and mail taken on in the territory of Poland;
- b)To take on in the territory of Portugal passengers, cargo and mail destined for the territory of Poland;
- c)To omit calling at one or more intermediate points, provided that the agreed services on the route begin in Polish territory and provided that the omissions are previously published in the timetables.
PART III
The right of the designated airline of one Contracting Party to take up or put down in the territory of the other Contracting Party international traffic destined for or originating at the intermediat points provided for in the routes indicated in Part I and Part II is subject to an appropriate agreement being signed by those airlines and being approved by the aeronautical authorities of the Contracting Parties. The aeronautical authorities of the Contracting Parties shall agree on the specification of those intermediate points.
PART IV
The provision contained in Parts I, II and III do not affect the possibility, for each designated airline, to make any intermediate stop for non-traffic purposes and to carry commercial traffic between any intermediate point and its own country, in both directions.