O presente Acordo deverá entrar em vigor na data da sua assinatura pelos plenipotenciários das Partes Contratantes.
Assinado em Lisboa a 17 de Outubro de 1975, em duplicado, em língua inglesa.
Pelo Governo de Portugal:
António Machado Rodrigues, Secretário de Estado dos Transportes e Comunicações.
Pelo Governo da República Democrática Alemã:
Volkmar Winkler, Vice-Ministro dos Transportes.
ANEXO AO ACORDO ENTRE O GOVERNO DA REPÚBLICA DEMOCRÁTICA ALEMÃ E O GOVERNO DE PORTUGAL SOBRE TRANSPORTES AÉREOS.
«Companhias aéreas designadas» para efeitos do presente Acordo são:
Pela República Democrática Alemã:
Interflug Gesellschaft für internationalen Flugverkehr mbH, com sede em Berlim, República Democrática Alemã.
Por Portugal:
Transportes Aéreos Portugueses (TAP) com sede em Lisboa, Portugal.
- 1.Rotas a explorar pela companhia aérea designada pela República Democrática Alemã, em conformidade com o artigo 2 do presente Acordo:
Berlim - Schoenefeld - pontos intermédios - Lisboa - pontos além.
- 2.Rotas a explorar pela companhia aérea designada por Portugal, em conformidade com o artigo 2 do presente Acordo:
Lisboa - pontos intermédios - Berlim - Schoenefeld - pontos além.
- 3.Na exploração da rota especificada no parágrafo 1 acima a companhia aérea designada pela República Democrática Alemã terá direito a:
- a)Desembarcar no território de Portugal passageiros, carga e correio embarcados no território da República Democrática Alemã;
- b)Embarcar no território de Portugal passageiros, carga e correio destinados ao território da República Democrática Alemã;
- c)Omitir um ou mais pontos intermédios excepto o ponto em território da República Democrática Alemã, desde que as omissões sejam previamente anunciadas nos horários.
- 4.Na exploração da rota especificada no parágrafo 2, a companhia aérea designada por Portugal terá direito a:
- a)Desembarcar no território da República Democrática Alemã passageiros, carga e correio embarcados no território de Portugal;
- b)Embarcar no território da República Democrática Alemã passageiros, carga e correio destinados ao território de Portugal;
- c)Omitir um ou mais pontos intermédios excepto o ponto no território de Portugal, desde que as omissões sejam previamente publicadas nos horários.
O direito de a companhia aérea designada por uma Parte Contratante embarcar ou desembarcar no território da outra Parte Contratante tráfego de passageiros, carga ou correio destinado a ou proveniente de pontos além do território da outra Parte Contratante nas rotas especificadas na secção II será objecto de um acordo entre as companhias aéreas designadas sujeito à aprovação das autoridades aeronáuticas das Partes Contratantes.
AGREEMENT BETWEEN THE GOVERNMENT OF PORTUGAL AND THE GOVERNMENT OF THE GERMAN DEMOCRATIC REPUBLIC RELATING TO AIR TRANSPORT.
The Government of Portugal and the Government of the German Democratic Republic, hereinafter called «the Contracting Parties», desiring to develop and to strengthen the mutual relations between the two States in the field of civil aviation, have agreed as follows:
ARTICLE 1
For the purpose of the present agreement and the Annex thereto, the following terms have the following meanings:
- a)«Aeronnautical authorities» means, in the case of Portugal, the Ministry of Transport and Communications, Directorate General of Civil Aviation, and, in the case of the German Democratic Republic, the Ministry of Transport, General Administration of Civil Aviation, or in both cases, any other authority or any other person authorized to perform the functions and to exercise the rights of the said authorities;
- b)«Territory» in relation to a State means the land and water areas and the territorial waters adjacent thereto as well as the airspace there above;
- c)«Territories of the Contracting Parties» means the territory of Portugal and the territory of the German Democratic Republic;
- d)«Designated airline» means the airline which either Contracting Party has designated to operate the agreed services on the specified routes;
- e)«Agreed services on the specified routes» means the agreed services on the routes specified in the Annex to this Agreement.
ARTICLE 2
- 1.The Contracting Parties grant each other the rights specified in the present Agreement, for the purpose of establishing scheduled international air services on the routes specified in the Annex thereto.
- 2.Subject to the provisions of the present Agreement and its Annex, the airline designated by each Contracting Party shall enjoy, while operating the agreed services on the specified routes, the following rights in the territory of the other Contracting Party:
- a)To fly without landing across the said territory to and from third States;
- b)To make stops for non-traffic purposes;
- c)To make stops for the purpose of putting down or taking on passengers, mail and cargo in international traffic arriving from or departing to the points specified in the Annex.
- 3.The designated airline of one Contracting Party shall not be entitled to take up in the territory of the other Contracting Party, passengers, mail and cargo carried for remuneration or any other fee and destined for another point in the territory of that State.
ARTICLE 3
- 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 designated airlines are specified in the Annex.
- 2.Each Contracting Party shall, subject to the provisions of paragraph 3 of this article, without delay authorise the designated airline of the other Contracting Party to open the agreed services on the specified routes, if the relevant application has been filed together with the information referred to in article 4 and provided that the applicable tariffs have been approved in accordance with the procedure established in article 6.
- 3.The designated airline of each Contracting Party, its aircraft and crews shall, in the territory of the other Contracting Party, comply with the laws and regulations relating to air transport as well as with the general laws and regulations in force in that territory, unless otherwise agreed in the present Agreement. Each Contracting Party may require the airline designated by the other Contracting Party to prove 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.
- 4.Each Contracting Party shall have the hight to refuse or to limit the rights granted under paragraph 1 of article 2 to the airline designated by the other Contracting Party or to withhold or revoke the operating authorisation referred to in paragraph 2 of article 3, in any case where the first Contracting Party is not satisfied, that substantial ownership and effective control of that airline are vested in nationals or legal persons of the second Contracting Party.
The same shall apply if the airline of one Contracting Party fails to comply with the previsions of the present Agreement and with the laws and regulations of the other Contracting Party relating to entry into, departure from and flight across its territory of aircraft engaged in international air services as well as to the operation of such aircraft while within its territory.
- 5.The Contracting Parties shall exercise the rights referred to in paragraph 4 only after having held the consultations provided for in article 15.
ARTICLE 4
The designated airline of one Contracting Party shall communicate to the aeronautical authorities of the other Contracting Party, for the purpose of their approval, as early as possible, but not later than thirty days prior to the inauguration of the agreed services on the specified routes, the time-tables, the types of aircraft to be used as well as any other necessary information relating to the operation of such services.
ARTICLE 5
- 1.The aircraft of the designated airline of one Contracting Party, when flying within the territory of the other Contracting Party, shall bear their nationality and registration marks.
- 2.Certificates of airworthiness, licences, certificates of competency and other documents which have been issued or rendered valid by a Contracting Party and are still valid, shall be recognized by the other Contracting Party for the operation of the agreed services on the specified routes.
Each Contracting Party reserves the right, however, not to recognize, for flights within its territory, licences and certificates of competency issued to its own nationals, or rendered valid, by another State.
ARTICLE 6
- 1.In the following paragraph, the term «tariff» means the price to be paid for the carriage of passengers, baggage and freight and the conditions under which these 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, it possible, be agreed by the designated airline concerned of both Contracting Parties, in consultation with other airlines operating over the whole or part of the route.
- 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 lesse 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 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 16 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 7
No customs duties or other dues shall be imposed on the aircraft of the designated airline of one Contracting Party operating international air services, when flying into or departing from the territory of the other Contracting Party. The same shall apply to:
The whole equipment, including spare parts of such aircraft;
Supplies of fuel and lubricants;
Supplies of food, boverage and tobacco and articles destined for sale in restricted quantities to passengers during the flight;
which are carried on board such aircraft, or which are imported into the territory of the other Contracting Party and stored there for maintenance, repair or supplementation of necessary supplies and which are re-exported again. The storage of these supplies can only be done upon consent of the customs authorities of the Contracting Party. Supplies for catering taken on board in the territory of the other Contracting Party to be served on the agreed services shall also be exempt from customs duties or other dues.
ARTICLE 8
- 1.The laws and regulations of a Contracting Party relating to the entry into, stay in or departure from its territory of passengers, mail, cargo and baggage (such as regulations relating to passports, customs, monetary exchange and public health) shall be complied with by or on behalf of such passengers, mail, cargo and baggage upon entry into or departure from or while within the territory of that Contracting Party.
- 2.Visas for air crew members and other staff if required shall be granted well in advance, with the validity of at least six months. These visas shall be valid for any number of flights into and out of the territory of the other Contracting Party during the period of their validity.
- 3.Crews employed on the aircraft of the designated airline of each Contracting Party may stay overnight at points of landing provided that they leave on the aircraft on which they arrived or on their next flight unless the competent authorities agree to extent the duration of the stay. In this event, the crews of the designated airlines will be allowed to move about freely in the cities in which the points of landing are located.
- 4.The Contracting Parties shall take all precautions connected with the arrival and departure of an aircraft which are necessary, according to international regulations, to prevent the spreading of infectious diseases.
ARTICLE 9
- 1.Each Contracting Party shall designate the airways and the points in its territory which shall be used by the aircraft operating the agreed services on the specified routes to cross its frontier.
- 2.Each Contracting Party shall grant the designated airline of the other Contracting Party the use of all facilities available to ensure the safe operation of civil air services, including radio and navigational installations, lighting systems, ground equipment and meteorological services.
- 3.The charges and other duties imposed on the aircraft of the designated airlines of the Contracting Parties for the use of airports and other technical facilities shall not be higher than those which would be paid by aircraft of third country airlines engaged in international air services.
ARTICLE 10
- 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. 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 route.
- 2.The total capacity to be provided shall be maintained in equilibrium with the traffic requirements between points in the territories of the Contracting Parties and shall as far as possible be equally divided between the designated airlines.
- 3.The designated airlines shall agree on the frequency and capacity of the services to be offered on the routes connecting the territories of both Contracting Parties. Such capacity shall be adjusted from time to time to traffic requirements and submitted to the approval of the aeronautical authorities of both Contracting Parties.
- 4.In order to meet unexpected traffic demands of a temporary character, the designated airlines may, notwithstanding the provisions of this article, agree between them to such temporary increases as are necessary to meet the traffic demand. Every such increase of capacity shall be notified without delay to the aeronautical authorities of the Contracting Parties.
- 5.In the case where the designated airline of one Contracting Party enjoys traffic rights between the territory of the other Contracting Party and intermediate points and/or points beyond the latter territory on a specified route, the designated airlines shall agree between themselves on the capacity to be offered in addition to the capacity established in accordance with paragraph 3 and without prejudice to the previsions of paragraphs 1 and 2 of this article. Such agreement shall be submitted to the approval of the aeronautical authorities of the Contracting Parties.
ARTICLE 11
No taxes or other direct dues shall be imposed on any revenue achieved by the designated airline of one Contracting Party in the territory of the other Contracting Party by operating the agreed services on the specified routes.
ARTICLE 12
- 1.Each Contracting Party shall grant the designated airline of the other Contracting Party the right to transfer to its headquarters, without restrictions and at the official rate of exchange, in a convertible currency, the net income obtained in the territory of the first Contracting Party from the carriage of passengers, cargo, baggage and mail.
- 2.If payments between the Contracting Parties are regulated by special agreement, such agreement shall apply.
ARTICLE 13
- 1.The designated airline of one Contracting Party shall be entitled to entrust any agency with its representation in the territory of the other Contracting Party and to maintain there the personnel reasonably required to operate the agreed services on the specified routes.
- 2.The personnel shall consist of nationals of either or both Contracting Parties and shall come under the laws and regulations of the State of residence.
ARTICLE 14
- 1.Each Contracting Party undertakes, in case of an emergency in its territory, to grant such assistance to the aircraft of the other Contracting Party as it would give to its own aircraft engaged in international air services. In the event of an accident involving death, serious injury or substantial damage of the aircraft, the Contracting Party in whose territory the accident occurred shall immediately render first aid to the crew and the passengers, protect mail, baggage and cargo on board and accord the necessary assistance in reforwarding them.
- 2.Each Contracting Party shall render all possible assistance to aircraft in distress of the other Contracting Party, even if such aircraft is outside the territory of the latter Contracting Party but within its flight information region.
- 3.The Contracting Party in the territory of which the accident occurred shall be responsible for instituting an inquiry into the causes and circumstances of the accident with a view to determining them. The other Contracting Party shall have the right to send observers for participation in the inquiry.
- 4.After the inquiry has been closed, the aeronautical authorities which conducted the inquiry shall send to the aeronautical report on the inquiry.
ARTICLE 15
If required, consultations will be held between the aeronautical authorities of the Contracting Parties in a spirit of close cooperation with a view to ensuring equal application of the provisions of the present Agreement and the Annex thereto. Such consultation shall begin within sixty days of the date of the request, unless both Contracting Parties agree to an extension or shortening of this period, or except in the case of application of paragraph 4 of article 3 of this Agreement. In such case the consultation shall take place within a period of twenty days of the date of the request.
ARTICLE 16
- 1.If any dispute arises between the Contracting Parties relating to the interpretation or application of the present Agreement, the Contracting Parties shall endeavour to settle it by direct negotiations between their aeronautical authorities.
- 2.If the dispute cannot be settled in accordance with paragraph 1, the aeronautical authorities of both Contracting Parties shall refer the dispute to their respective Government for settlement through diplomatic channels.
ARTICLE 17
- 1.Amendments to the present Agreement may only be agreed upon between the Contracting Parties.
- 2.Amendments to the Annex to this Agreement may be made by agreement between aeronautical authorities of the Contracting Parties. Such amendments shall be confirmed by an exchange of Diplomatic Notes.
ARTICLE 18
The present Agreement shall be concluded for an indefinite period of time. It may be terminated by either Contracting Party through diplomathic channels and shall expire twelve months after the date of receipt of the notice by the other Contracting Party.
ARTICLE 19
The present Agreement shall enter into force on the date of its signature by the plenipotentiaries of the Contracting Parties
Signed at Lisbon, on 17 the October 1975, in duplicate in the English language.
For the Government of Portugal:
António Machado Rodrigues, Secretário de Estado dos Transportes e Comunicações.
For the Government of the German Democratic Republic:
Volkmar Winckler, Vice-Ministro dos Transportes.
ANNEX TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE GERMAN DEMOCRATIC REPUBLIC AND THE GOVERNMENT OF PORTUGAL RELATING TO AIR TRANSPORT.
SECTION I
«Designated airlines» with regard to the present Agreement are:
For the German Democratic Republic:
Interflug Gesellschaft für internationalen Flugverkehr mbH with its Head Office in Berlin, German Democratic Republic.
For Portugal:
Transportes Aéreos Portugueses (TAP) with its Head Office in Lisbon, Portugal.
SECTION II
- 1.Routes to be operated by the designated airline of the German Democratic Republic in accordance with article 2 of the present Agreement:
Berlin-Schoenefeld - intermediate points - Lisbon - points beyond.
- 2.Routes to be operated by the designated airline of Portugal in accordance with article 2 of the present Agreement:
Lisbon - intermediate points - Berlin-Schoenefeld - points beyond.
- 3.While operating the route specified in paragraph 1 above, the airline designated by the German Democratic Republic shall have the right:
- a)To put down in the territory of Portugal passengers, cargo and mail taken on in the territory of the German Democratic Republic;
- b)To take on in the territory of Portugal passengers, cargo and mail destined for the territory of the German Democratic Republic;
- c)To omit one or more intermediate points except the point in the territory of the German Democratic Republic, provided the omissions are previously published in the time-tables.
- 4.While operating the route specified in paragraph 2 above, the airline designated by Portugal shall have the right:
- a)To put down in the territory of the German Democratic Republic passengers, cargo and mail taken on in the territory of Portugal;
- b)To take on in the territory of the German Democratic Republic passengers, cargo and mail destined for the territory of Portugal;
- c)To omit one or more intermediate points except the point in the territory of Portugal, provided the omissions are previously published in the time-tables.
SECTION III
The right for the designated airline of one Contracting Party to take on or put down in the territory of the other Contracting Party international traffic in passengers, cargo and mail destined for or originating at intermediate points on the routes specified in section II shall be the object of an agreement between the designated airlines subject to approval by the aeronautical authorities of the Contracting Parties.
SECTION IV
The right for the designated airline of one Contracting Party to take on or put down in the territory of the other Contracting Party international traffic in passengers, cargo and mail destined for or originating at points beyond the territory of the second Contracting Party on the routes specified in section II shall be the object of an agreement between the designated airlines subject to approval by the aeronautical authorities of the Contracting Parties.