Saltar para o conteúdo principal

ARTIGO 19

Vigente desde: 22/11/1975

O presente Acordo fica sujeito a aprovação nos termos das regras constitucionais respectivas das Partes Contratantes.

As suas disposições aplicar-se-ão provisoriamente a partir da data da respectiva assinatura. A aplicação provisória não deverá durar mais de doze meses, salvo acordo em contrário de ambas as Partes Contratantes. O Acordo entrará em vigor na data em que as duas Partes Contratantes se notificarem mutuamente de terem dado cumprimento às suas respectivas formalidades constitucionais.

Em fé do que os signatários, designados e devidamente autorizados para tal pelos respectivos Governos, assinaram o presente Acordo.

Feito em Lisboa aos 22 dias do mês de Maio de 1975, em duplicado na língua inglesa.

Pelo Governo de Portugal.

Pelo Governo da República Popular da Hungria.

ANEXO AO ACORDO ENTRE O GOVERNO DE PORTUGAL E O GOVERNO DA REPÚBLICA POPULAR DA HUNGRIA RELATIVO AO TRANSPORTE AÉREO CIVIL.

  1. 1.A companhia aérea designada pelo Governo de Portugal poderá explorar serviços aéreos regulares na seguinte rota, em ambos os sentidos:

    Pontos em Portugal-pontos intermediários-Budapeste.

  2. 2.A companhia aérea designada pelo Governo da República Popular da Hungria poderá explorar serviços aéreos regulares na seguinte rota, em ambos os sentidos:

    Pontos na Hungria-pontos intermediários-Lisboa.

  3. 3.Na exploração da rota especificada no § 1 acima, a companhia aérea portuguesa designada terá direito a:
    1. a)Desembarcar no território da República Popular da Hungria passageiros, carga e correio embarcados no território de Portugal;
    2. b)Embarcar no território da República Popular da Hungria passageiros, carga e correio destinados ao território de Portugal;
    3. c)Omitir um ou mais pontos intermediários, excepto o ponto ou pontos em território português, desde que as omissões sejam previamente anunciadas nos horários.
  4. 4.Na exploração da rota especificada no § 2 acima, a companhia aérea húngara designada terá direito a:
    1. a)Desembarcar no território de Portugal passageiros, carga e correio embarcados no território da República Popular da Hungria;
    2. b)Embarcar no território de Portugal passageiros, carga e correio destinados ao território da República Popular da Hungria;
    3. c)Omitir um ou mais pontos intermediários, excepto o ponto ou pontos em território húngaro, desde que as omissões sejam previamente anunciadas nos horários.

      A companhia aérea designada por uma das Partes Contratantes poderá ter o direito de embarcar ou desembarcar no território da outra Parte Contratante tráfego internacional de passageiros, carga e correio destinado a ou originário em pontos intermediários nas rotas especificadas na secção I.

      O exercício de tal direito ficará sujeito a um acordo entre as companhias aéreas designadas, a ser submetido à aprovação das autoridades aeronáuticas das duas Partes Contratantes.

      A companhia aérea designada por uma das Partes Contratantes poderá ter direito a embarcar ou desembarcar no território da outra Parte Contratante tráfego internacional de passageiros, carga e correio destinado a ou originário em pontos para além do mencionado território.

      O exercício de tal direito ficará sujeito a um acordo entre as companhias aéreas designadas, a ser submetido à aprovação das autoridades aeronáuticas das duas Partes Contratantes.

      AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF PORTUGAL AND THE GOVERNMENT OF THE HUNGARIAN PEOPLE'S REPUBLIC.

      The Government of Portugal and the Government of the Hungarian People's Republic hereinafter called the Contracting Parties:

      Being parties to the Convention on International Civil Aviation opened for signature at Chicago on the 7th day of December 1944;

      Being aware of the possibilities of commercial aviation as a mean of transport and of promoting friendly understanding and goodwill among peoples, increasing from day to day;

      Considering that it is desirable to organize on the basis of equality and reciprocity air services between the two countries and to strengthen thus their relations in the field of civil aviation;

      Desiring to conclude an agreement for the purpose of establishing air services between and beyond portuguese and hungarian territories;

      Have agreed as follows:

      ARTICLE 1

      For the purpose of this Agreement and its annex:

    4. a)«The Convention» shall mean the Convention on International Civil Aviation opened for signature at Chicago on the 7th 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;
    5. b)«Aeronautical authorities» shall mean in the case of Portugal the Minister of Transport and Communications and in the case of the Hungarian People's Republic the Minister of Communications and Posts, or in both cases, any person or body, authorized to perform the functions of the aeronautical authorities;
    6. c)«Territory» in relation to a State shall mean the land areas and territorial waters adjacent thereto, including the airspace above them, under the sovereignty of that State;
    7. d)«Agreed services» shall mean the scheduled air services which may be operated by virtue of this Agreement;
    8. e)«Specified routes» shall mean the air routes as set forth in the appropriate part of the annex to this Agreement on which the agreed services may be operated;
    9. f)«Designated airline» shall mean an airline which has been designated and authorized by the aeronautical authorities of the Contracting Parties in accordance with article 3 of this Agreement;
    10. g)«Air service», «international air services» and «stop for non-traffic purposes» shall have the meanings assigned to them in article 96 of the Convention.

      ARTICLE 2

  5. 1.Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement for the purpose of operating the agreed services by the designated airlines, as follows:
    1. a)To fly across its territory without landing;
    2. b)To land in its territory for non-traffic purposes;
    3. c)To land in its territory for the purpose of taking on and discharging passengers, cargo and mail, at the specified points on the specified routes, subject to the provisions of this Agreement and the annex thereto.
  6. 2.Nothing in this Agreement shall be deemed to confer on the designated airline of one Contracting Party the privilege of taking on in the territory of the other Contracting Party passengers, cargo or mail destined for another point in the territory of the other Contracting Party (cabotage).

    ARTICLE 3

  7. 1.Each Contracting Party shall have the right to designate in writing to the other Contracting Party an airline for the purpose of operating the agreed services on the specified routes.
  8. 2.On receipt of such designation, the other Contracting Party shall, subject to the provisions of paragraphs 3 and 4 hereunder, without undue delay grant to the designated airline the appropriate operating authorizations.
  9. 3.The aeronautical authorities of one Contracting Party, before granting operating permission to the airline designated by the other Contracting Party, may require the airline to satisfy them that:
    1. a)It fulfills 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;
    2. b)Its substantial ownership and effective control are vested in the other Contracting Party or in nationals of this Party.
  10. 4.Each Contracting Party shall have the right to withhold an operating authorization when it is not satisfied that the airline designated by the other Contracting Party will qualify according to paragraph 3 above.
  11. 5.The agreed services may be inaugurated, in whole or in part, immediately or at a later date at the option of the airline so designated and authorized, but not before tariffs and time-tables for the services to be operated have been proposed and approved in accordance with, respectively, the provisions of article 5 and paragraph 2 of article 7 of this Agreement.

    ARTICLE 4

  12. 1.Each Contracting Party reserves the right to revoke an operating authorization or to suspend the exercise of the rights specified in article 2 of this Agreement by the airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of those rights:
    1. 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
    2. b)In the case of failure by that airline to comply with the laws or regulations of the Contracting Party granting those rights; or
    3. c)In case the airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement and its annex.
  13. 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

  14. 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 those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration or conditions for the carriage of mail.
  15. 2.The tariffs to be charged by the designated airline of one Contracting Party for carriage on scheduled services 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, the characteristics of each service (such as speed and comfort and the tariffs adopted by other airlines and/or recommended by international organizations).
  16. 3.The tariffs referred to in paragraph 1 above shall, if possible, be agreed by the designated airlines of both Contracting Parties.
  17. 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.
  18. 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.
  19. 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 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.
  20. 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, they shall try to settle the dispute according to the provisions of article 10 of this Agreement.
  21. 8.The tariffs established in accordance with the provisions of this article shall remain in force until new tariffs have been established according to 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 6

  22. 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.
  23. 2.The total capacity to be provided shall be maintained in equilibrium with the traffic requirements between the territories of the Contracting Parties and shall as far as possible be equally divided between the designated airlines.
  24. 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.
  25. 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.
  26. 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 provisions 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 7

  27. 1.The designated airlines of both 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.
  28. 2.The schedules established as provided in paragraph 1 above shall be submitted to the aeronautical authorities of both Contracting Parties for approval at least thirty 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.

    ARTICLE 8

  29. 1.The designated airline of one Contracting Party shall have the right to establish and maintain a representation in the territory of the other Contracting Party. Such representation may be manned by appropriate managerial and technical staff in a reasonable number. The members of this staff shall be nationals of either Contracting Party and their number shall be determined by the designated airlines between themselves subject to the agreement of the aeronautical authorities.
  30. 2.The commercial activities of the designated airline of one Contracting Party in the territory of the other Contracting Party shall be governed by the laws and regulations of the second Contracting Party.

    ARTICLE 9

  31. 1.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 according to the agreement between the competent authorities of both Contracting Parties.
  32. 2.All income derived by the designated airline of one contracting Party from the sale of air transport shall be exempt in the territory of the other Contracting Party from all taxes which are or may become chargeable.

    ARTICLE 10

  33. 1.Aircraft operated in international traffic by the designated airline of either Contracting Party shall be exempt from all customs duties, inspection fees and other similar duties or taxes on arrival in, while within, and on departure from the territory of the other Contracting Party.
  34. 2.Fuels, lubricants, spare parts, airborne equipment and aircraft stores (including food, beverages, tobacco and small supplies of fancy goods for sale to passengers on board the aircraft) shall be exempt from the duties, fees and taxes referred to in paragraph 1 above on arriving in, while within and when re-exported from the territory of one Contracting Party, provided such equipment, supplies and goods are to be used by or on board the aircraft of the airline designated by the other Contracting Party.
  35. 3.Equipment, goods and materials granted exemption under this article may be unloaded in the territory of the Contracting Party granting the exemption only with the approval of the customs authorities of such Party. In such a 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.
  36. 4.No exemption granted under this article shall apply to equipment, goods or materials that are not duly used by the designated airline of one Contracting Party within the territory of the other Contracting Party.

    ARTICLE 11

    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 12

  37. 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.
  38. 2.The laws and regulations of each Contracting Party governing the admission to, remaining in and departure from its territory of passengers, crew, cargo and mail transported on board aircraft and in particular those regarding passports, customs and sanitary control shall be applied to passengers, crew, cargo and mail taken on board the aircraft of the designated airline of the other Contracting Party.

    ARTICLE 13

    In a spirit of close co-operation, 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 this Agreement and its annex, the said authorities will exchange such information as is necessary for that purpose.

    ARTICLE 14

    If a dispute cannot be settled by the aeronautical authorities of the Contracting Parties by negotiations according to paragraph 1 of article 15, it shall be settled through diplomatic channels.

    ARTICLE 15

  39. 1.Consultation between the aeronautical authorities of the Contracting Parties may be requested at any time for the purpose of discussing the interpretation, application or modification of this Agreement and its annex or settling any dispute relating thereto. Such consultation shall begin within a period of sixty days from the date of receipt through diplomatic channels of the request by the Contracting Party invited to negotiate.
  40. 2.Amendments to the annex to this Agreement may be effected by direct agreement between the aeronautical authorities of the Contracting Parties.
  41. 3.Amendments to this Agreement or its annex pursuant to paragraph 1 or 2 of this article shall come into effect when confirmed by both Contracting Parties in an exchange of diplomatic notes.

    ARTICLE 16

    In the event that both Contracting Parties will have accepted a general multilateral air transport convention, the provisions of this Agreement and its annex shall be deemed amended so as to conform with such a convention.

    ARTICLE 17

    This Agreement shall continue in force unless one Contracting Party notifies the other Contracting Party through diplomatic channels of its intention to terminate the Agreement. In this case the Agreement shall terminate twelve months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by mutual agreement before the expiry of this period.

    ARTICLE 18

    The present Agreement and its annex and any amendments made thereto in accordance with article 15 shall be registered with International Civil Aviation Organization.

    ARTICLE 19

    This Agreement is subject to approval according to the respective constitutional rules of the Contracting Parties.

    Its provisions shall be applied provisionally as from the date of its signature. The provisional application shall not last more than twelve months, unless otherwise agreed by the two Contracting Parties. The Agreement shall come into force on the date when the two Contracting Parties shall have notified each other of the completion of their respective constitutional formalities.

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

    Done at Lisbon this 22nd day of May 1975, in duplicate in the english language.

    For the Government of Portugal:

    António Machado Rodrigues.

    For the Government of the Hungarian People's Republic:

    (Assinatura ilegível.)

    ANNEX TO THE AGREEMENT BETWEEN THE GOVERNMENT OF PORTUGAL AND THE GOVERNMENT OF THE HUNGARIAN PEOPLE'S REPUBLIC RELATING TO CIVIL AIR TRANSPORT.

    SECTION I

  42. 1.The airline designated by the Government of Portugal may operate scheduled air services on the following route in both directions:

    Points in Portugal-intermediate points-Budapest.

  43. 2.The airline designated by the Government of Hungarian People's Republic may operate scheduled air services on the following route in both directions:

    Points in Hungary-intermediate points-Lisbon.

  44. 3.While operating the route specified in paragraph 1 above, the portuguese designated airline shall have the right:
    1. a)To put down in the territory of the Hungarian People's Republic passengers, cargo and mail taken on in the territory of Portugal;
    2. b)To take on in the territory of the Hungarian People's Republic passengers, cargo and mail destined for the territory of Portugal;
    3. c)To omit one or more intermediate points except the point or points in portuguese territory, provided the omissions are previously published in the time-tables.
  45. 4.While operating the route specified in paragraph 2 above, the hungarian designated airline shall have the right:
    1. a)To put down in the territory of Portugal passengers, cargo and mail taken on in the territory of the Hungarian People's Republic;
    2. b)To take on in the territory of Portugal passengers, cargo and mail destined for the territory of the Hungarian People's Republic;
    3. c)To omit one or more intermediate points except the point or points in the hungarian territory, provided the omissions are previously published in the time-tables.

      SECTION II

      The designated airline of one Contracting Party may have the right 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 I.

      The exercise of such right shall be subject to an agreement between the designated airlines to be submitted to the approval of the aeronautical authorities of the two Contracting Parties.

      SECTION III

      The designated airline of one Contracting Party may have the right 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 said territory.

      The exercise of such right shall be subject to an agreement between the designated airlines to be submitted to the approval of the aeronautical authorities of the two Contracting Parties.

Comparar versões deste artigo