As disposições do presente Acordo serão aplicadas, a título provisório, a partir da data da sua assinatura. O presente Acordo entrará em vigor a partir da data em que as Partes Contratantes se notifiquem mutuamente, por via diplomática, de que foram cumpridas todas as formalidades constitucionais aplicáveis.
Em fé do que os signatários, devidamente autorizados pelos Governos respectivos, assinaram o presente Acordo.
Feito em Luanda, em Agosto de 1977, em dois exemplares em língua portuguesa e dois exemplares em língua inglesa, sendo os quatro textos igualmente válidos.
Pelo Governo de Portugal:
(Assinatura ilegível.)
Pelo Governo da República Popular de Angola.
(Assinatura ilegível.)
Air Transport Agreement Between the Government of Portugal and the Government of the People's Republic of Angola.
The Government of Portugal and the Government of the People's Republic of Angola, hereinafter called «the Contracting Parties»:
Desiring to develop in a safe and orderly manner scheduled air services between their respective territories and to pursue the development of international cooperation in the field of air transportation;
Taking into consideration the desirability to apply to the above air services the principles and provisions of the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944;
have agreed as follows:
ARTICLE 1
(Definitions)
For the purpose of the present Agreement and its Annex unless the text otherwise requires:
- a)The term «Aeronautical Authorities» means, in the case of Portugal, the Ministry for Transport and Communication - Directorate General of Civil Aviation - and, in the case of Angola, the Secretary of State for Communication or, in both cases, any person or body authorized to perform any functions at present exercised by the said authorities;
- b)The term «the Convention» means 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 so far as those Annexes and amendments have been adopted by both Contracting Parties;
- c)The term «territory» in relation to a State means the land Areas and territorial waters adjacent thereto under the sovereignty of that State;
- d)The terms «air service», «international air service», «airline» and «stop for non traffic purposes» have the meaning respectively assigned to them in paragraphs a), b), c) and d) of article 96 of the Convention;
- e)The term «designated airline» means an airline which has been designated by the Aeronautical Authorities of a Contracting Party in accordance with article 3 of this Agreement for the purpose of operating the agreed international air services on the routes specified in the Annex to this Agreement and authorized in accordance with said article 3 by the Aeronautical Authorities of the other Contracting Party;
- f)The term «Annex» means the Annex to this Agreement including any amendments thereto under article 18 of this Agreement.
ARTICLE 2
(Granting of rights)
- 1 -Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of operating scheduled international air services on the routes specified in the Annex to the present Agreement. Such services and routes are hereafter called «the agreed services» and «the specified routes».
- 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 land in the said territory for non traffic purposes;
- c)To take up and put down international traffic in passengers, cargo and mail in accordance with 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 privilege of taking up in the territory of the other Contracting Party passengers, cargo and mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party (cabotage).
- 4 -Each Contracting Party shall have the right to specify prescribed routes over its territory as well as the airports to be used by the airline designated by the other Contracting Party.
ARTICLE 3
(Airline designation)
- 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 designating the airline to the Aeronautical Authorities of the other Contracting Party.
- 2 -On receipt of such designation, the other Contracting Party shall, subjected to the provisions of paragraphs 3 and 4 of this article, without delay, grant to the designated airline the appropriate operating permit.
- 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 fulfill the conditions prescribed under the laws and regulations normally and reasonably applied to the operation 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 permit referred to in paragraph 2 of this article, or to impose such conditions as it may deem necessary on the exercise by the designated airline of the rights specified 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 time-tables and tariffs relating to those services have been approved in accordance with the provisions of article 8 and 11 of this Agreement.
ARTICLE 4
(Revocation of the permit, suspension of rights and imposition of conditions)
- 1 -Each Contracting Party reserves the right to revoke the operating permit 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, whenever:
- a)It is not satisfied that substancial 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)That airline fails to comply with the laws or regulations of the Contracting Party granting those rights; or
- c)The airline otherwise fails to operate in accordance with the conditions prescribed under this Agreement.
- 2 -Unless 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 thirty days of the date of request for the consultation.
ARTICLE 5
(Laws and regulations)
- 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 limit of its territory shall also be applied to the aircraft of the designated airline of the other Contracting Party.
- 2 -Crew, passengers and shippers, either personally or through a third party acting on their behalf or in their name, shall be subject to the laws and regulations in force in the territory of either Contracting Party governing the admission to, remaining in and departure in and departure from its territory of crew, passengers and cargo, in particular those regarding emigration, immigration, passports, customs, sanitary control and foreign exchange control.
- 3 -Should entry visa be required for the admission of foreigners to the territory of a Contracting Party, the crew of the aircraft used in the operation of the agreed services shall be exempt from passport and visa provided they hold a document of identification craft used in similar international service.
- 4 -The laws and regulations above referred to shall be identical to those applicable to national aircraft used in similar international service.
ARTICLE 6
(Certificates and licenses)
- 1 -Certificates of airworthiness and certificates of competency and licences issued or rendered valid by a Contracting Party and not lapsed shall de recognized as valid by the other Contracting Party for the operation of the air services specified in the Annex to this Agreement.
- 2 -Each Contracting Party reserves, however, the right to refuse to recognize the validity for the purpose of flight above its own territory of certificates of competency and licenses granted to its nationals by another State.
ARTICLE 7
(Capacity)
- 1 -There shall be fair and equal opportunity for the airlines of both Contracting Parties to operate the agreed services on the specified routes.
- 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 litter provides on the whole or part of the specified routes.
- 3 -The agreed services operated by the airlines designated by the Contracting Parties shall be adjusted to meet 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 meet the current and reasonably anticipated requirements of the traffic in passengers, cargo and mail, between the territories of the Contracting Parties. The total Capacity to be provided shall be divided as far as possible equally between the designated airlines.
- 4 -A capacity additional to that considered in paragraph 3 of this article may be temporarily offered, whenever the traffic demand between the territories of both contracting Parties will justify it.
- 5 -the Aeronautical Authorities of the Contracting Parties shall consult each other on the implementation of the provisions of this article whenever there is a disagreement between the designated airlines or whenever the said Authorities deem it useful.
ARTICLE 8
(Programmers)
- 1 -The capacity to be offered and the frequency of services on the specified routes shall be discussed, agreed and reviewed from time to time, between the designated airlines and shall be submitted to the approval of the Aeronautical Authorities of both Contracting Parties.
- 2 -The schedules of the designated airline of each Contrating Party including in particular the frequency of services, the time-tables, and types of aircraft to be operated shall be submitted to the approval of the Aeronautical Authorities of the other Contracting Party at least thirty days before the start of operation; all eventual subsequent modifications shall also be submitted to the approval of said Aeronautical Authorities with a reasonable antecipation.
ARTICLE 9
(Statistics)
the designated airlines of both Contracting Parties shall submit to the Aeronautical Authorities of each Contracting Party at their request statistical information relating to the use of the capacity offered by said airlines on the agreed services between their respective territories.
ARTICLE 10
(Agreements between airlines)
The designated airlines of each Contracting Party may conclude agreements between themselves for technical and commercial cooperation which shall be submitted to the approval of the respective Aeronautical Authorities of the Contracting Parties.
ARTICLE II
(Tariff)
- 1 -In the following paragraphs, the term «tariff» means the prices to be paid for the carriage of passengers, baggage and freight and, in general, conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration and conditions for the carriage of mail.
- 2 -The tariffs to, be charged by the airline of one Party for carriage to or from the territory of the other Party shall be established at reasonable levels, due regard being paid to all relevant factors, in particular the cost of operation, reasonable profit, and the tariffs of other airlines.
- 3 -The tariffs referred to in paragraph 2 of this article as well as the levels of commission payable shall, if possible, be agreed by the airlines concerned of both Contracting Parties, after consultation if necessary with the 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 for the working out of tariffs established by bodies of international nature recognised by both Contracting Parties.
- 4 -The tariffs so agreed shall be submitted for the approval of the Aeronautical Authorities of both Parties at least sixty days before the proposed date of their introduction; in special cases, this period 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 their 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 one or more tariffs or if for any other reason a tariff cannot be established in accordance with the provisions of paragraph 3 of this article of if during the first thirty days of the period of sixty days referred to in paragraph 4 of this article the Aeronautical Authorities of a Contracting Party notify the Aeronautical Authorities of the other Contracting Party of their disapproval of any tariff submitted in accordance with paragraph 3 of this article, the Aeronautical Authorities of both Contracting Parties shall endeavor to determine the tariff by mutual agreement.
- 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 articles 17 and 20 of the present Agreement.
- 8 -Except as provided under paragraph 7 of the present article, no tariff shall become effective unless approved by the Aeronautical Authorities of both Contracting Parties.
- 9 -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 months after the date on which it otherwise would have expired.
ARTICLE 12
(Direct transit)
- 1 -Passengers, baggage and cargo in direct transit across the territory of a Contracting Party shall be subject to no more than a simplified control, provided they remain in the areas of the airport reserved for that purpose.
- 2 -Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.
ARTICLE 13
(Charges)
- 1 -Charges relating to the use of airports including its installations and facilities as well as charges for the use of air navigation facilities shall be established in accordance with the regulations in force in the territory of the other Contracting Party.
- 2 -Either Contracting Party agrees, however, that the amount of those charges shall not be higher than those imposed on national or foreign aircraft engaged in similar international services for the use of air ports its facilities and services.
ARTICLE 14
(Exemption from duties, charges and taxes on aircraft and supplies)
- 1 -Aircraft operated on international services by the designated airline of a Contracting Party, its regular equipment, fuel and lubricants, as well as stores on board (including food, beverages, tobacco and other articles for sail in limited quantities to passengers on board the aircraft) shall on arriving in the territory of the other Contracting Party, be exempt from all customs duties, inspection fees and other taxes or fees, provided they remain on board the aircraft until they are re-exported or until they are used on part of the route over said territory.
- 2 -The following shall also be exempt from said customs duties and fees, payments relating to services performed being excepted:
- a)Stores on board taken in the territory of a Contracting Party within the limits established by the Authorities of said Contracting Party for use on aircraft operating international services of the other Contracting Party;
- b)Spare parts and regular aircraft equipment imported into the territory of a Contracting Party for the maintenance or repair of aircraft operating international services of the airline designated by the other Contracting Party;
- c)Fuel and lubricants for the supply of aircraft operating international air services of a Contracting Party, even when such fuel and lubricants are used on part of a route over the territory of the Contracting Party where they were loaded.
- 3 -Should the laws and regulations of either Contracting Party so require, the goods referred to in paragraphs 1 and 2 above may be placed under the supervision or control of the customs authorities.
- 4 -Regular aircraft equipment as well as goods and stores on board the aircraft of a Contracting Party may be unloaded in the territory of the other Contracting Party 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, in accordance with the applicable customs regulations.
ARTICLE 15
(Technical and commercial representation)
- 1 -The designated airline of a Contracting Party shall have the right to maintain in the territory of the other Contracting Party a representation comprising technical personnel and commercial personnel for the performance of the agreed services. The number of persons of such representation, which may include nationals of the first Contracting Party, shall be determined by the Aeronautical Authorities on the basis of proposals submitted by the designated airlines and based on the principles of reciprocity and equity.
- 2 -Nationals of third countries employed by the designated airline of a Contracting Party shall be counted as nationals of said Contracting Party.
ARTICLE 16
(Transfer of results and exemption from taxes on revenues)
- 1 -Each Contracting Party grants to the designated airline of the other Contracting Party the right to free transfer to its head office in convertible foreign exchange at the official exchange rate of the excess of receipts over expenditure earned in its Territory with the transportation of passengers, baggage, mail and cargo by the designated airlines of the other Contracting Party. Should a special payments agreement between the two Contracting Parties be in force, such agreement shall be applicable.
- 2 -Profits derived from the transportation of passengers, baggage, mail and cargo earned by the designated airline of a Contracting Party shall be exempt from taxes and charges in the territory of the other Contracting Party.
ARTICLE 17
(Consultation)
- 1 -In a spirit of close co-operation, the Aeronautical Authorities of the Contracting Parties shall consult each other from time to time for the purpose of ensuring the observance of the principles and the satisfactory compliance with the provisions set up in the present Agreement and the Annex thereto.
- 2 -Either of the Contracting Parties may request verbal or written consultation which will take place within at least sixty days from the date of the request, unless the Contracting Parties agreed otherwise.
ARTICLE 18
(Amendments of the Agreement and its Annex)
Should either of the Contracting Parties consider it desirable to modify any provision of the present Agreement or of its Annex, it may request consultation to the other Contracting Party; such consultation may be carried out between the Aeronautical Authorities in accordance with the provisions of article 17 of the present Agreement. Any modifications so agreed shall come into force when they have been confirmed by an exchange of diplomatic notes.
ARTICLE 19
(Conformity with multilateral agreements)
The present Agreement and its Annex shall be deemed amended in conformity with a multilateral air transport agreement which may become binding no both Contracting Parties.
ARTICLE 20
(Disputes)
- 1 -Any dispute relating to the interpretation or application of the present Agreement or the Annex there of shall be settled by direct negotiations between the Aeronautical Authorities of the two Contracting Parties.
- 2 -If the Aeronautical Authorities fail to reach an agreement, the dispute shall be settled through diplomatic channels.
ARTICLE 21
(Denunciation and termination of the Agreement)
Either Contracting Party may at any time give notice to the other Contracting Party of its decision to denounce the present Agreement; such notice shall be simultaneously communicated to the International Civil Aviation Organization. In such case, the Agreement shall terminate twelve months after the date of receipt of the notice by the other Contracting Party, the notice shall be deemed to have been received before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, the notice shall be deemed to have been received fourteen days after the receipt of the notice by the International Civil Aviation Organization.
ARTICLE 22
(Registration with ICAO)
The present Agreement and its Annex and any amendments made there to in accordance with the article 18, shall be registered with the International Civil Aviation Organization.
ARTICLE 23
(Entry into force)
The provisions of the present Agreement shall be applied provisionally as from the date of its signature. The present Agreement shall come into force on the date when the Contracting Parties shall have notified each other, by diplomatic channels, of the completion of their respective constitutional formalities. In witness whereof the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement.
Done at Luanda, August 1977, in duplicate in the Portuguese language and in duplicate in the English language all the four texts being equally valid.
For the Government of Portugal:
(Assinatura ilegível.)
For the Government of the People's Republic of Angola:
(Assinatura ilegível.)
ANNEX
SECTION 1
- 1 -The Government of Portugal designates for the operation of the agreed services referred to in section II, paragraph 1, Transportes Aéreos Portugueses, E. P. (TAP).
- 2 -The Government of the People's Republic of Angola designates for the operation of the agreed services referred to in section II, paragraph 2, Transportes Aéreos de Angola - TAAG - Linhas Aéreas de Angola.
SECTION II
- 1 -Routes to be operated in both directions by the airline designated by the Government of Portugal:
Lisbon - intermediate points - Luanda - points beyond.
- 2 -Routes to be operated in both directions by the airline designated by the Government of the People's Republic of Angola:
Luanda - intermediate points - Lisbon - points beyond.
- 3 -To operate the services referred in paragraph 1 of this section, the airline designated by the Government of Portugal shall have the right:
- a)To put down in the territory of Angola international traffic in passengers, cargo and mail taken on in the territory of Portugal;
- b)To take on in the territory of Angola international traffic in passengers, cargo and mail destined for the territory of Portugal;
- c)To omit one or more intermediate points or points beyond, provided the omissions are previously published in the time-table should the designated airline enjoy traffic rights pursuant to section III or to section IV.
- 4 -To operate the services defined in paragraph 2 of this section, the airline designated by the Government of the People's Republic of Angola shall have the right:
- a)To put down in the territory of Portugal international traffic in passengers, cargo and mail taken on in the territory of Angola;
- b)To take on in the territory of Portugal international traffic in passengers, cargo and mail destined for the territory of Angola;
- c)To omit one or more intermediate points or points beyond, provided the omissions are previously published in the time-tables, should the designated airline enjoy traffic rights pursuant to section III or to section IV.
SECTION III
- 1 -The intermediate points shall be established by mutual agreement between the designated airlines of the Contracting Parties and shall be subject to the approval of the Aeronautical Authorities.
- 2 -The right of the airline designated by a Contracting Party to take on or put down ix the territory of the other Contracting Party international traffic in passengers, cargo and mail destined for or taken on in the intermediate points of the routes referred to in section II shall be object of an agreement between the Aeronautical Authorities of both Contracting Parties.
SECTION IV
- 1 -The points beyond shall be established by mutual agreement between the designated airlines of the Contracting Parties and shall be subject to the approval of the Aeronautical Authorities.
- 2 -The right of the airline designated by a 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 taken on in points beyond of the routes referred to in section in shall be object of an agreement between the Aeronautical Authorities of both Contracting Parties.
ANEXO
- 1 -O Governo de Portugal designa para a exploração dos serviços acordados indicados na secção II, parágrafo 1, Transportes Aéreos Portugueses, E. P. (TAP).
- 2 -O Governo da República Popular de Angola designa para a exploração dos serviços acordados indicados na secção II, parágrafo 2, Transportes Aéreos de Angola - TAAG - Linhas Aéreas de Angola.
- 1 -Rotas a explorar nos dois sentidos pela empresa de transportes aéreos portuguesa: Lisboa - pontos intermédios - Luanda - pontos além.
- 2 -Rotas a explorar nos dois sentidos pela empresa de transportes aéreos angolana: Luanda - pontos intermédios - Lisboa - pontos além.
- 3 -Para explorar as linhas aéreas definidas no parágrafo 1 desta secção, a empresa portuguesa designada gozará dos direitos:
- a)De desembarcar no território de Angola tráfego internacional de passageiros, carga e correio embarcados no território de Portugal;
- b)De embarcar no território de Angola tráfego internacional de passageiros, carga e correio destinados ao território de Portugal;
- c)De omitir um ou mais pontos intermédios ou além, desde que essa omissão seja previamente publicada nos horários, no caso de a empresa designada usufruir de direitos de tráfego nos termos da secção III ou da secção IV.
- 4 -Para explorar as linhas aéreas definidas no parágrafo 2 desta secção, a empresa angolana designada gozará dos direitos:
- a)De desembarcar no território de Portugal tráfego internacional de passageiros, carga e correio embarcados no território de Angola;
- b)De embarcar no território de Portugal tráfego internacional de passageiros, carga e correio destinados ao território de Angola;
- c)De omitir um ou mais pontos intermédios ou além, desde que essa omissão seja previamente publicada nos horários, no caso de a empresa designada usufruir de direitos de tráfego nos termos da secção III ou da secção IV.
- 1 -Os pontos intermédios serão determinados de comum acordo entre as empresas designadas das duas Partes Contratantes e sujeitos a aprovação das autoridades aeronáuticas.
- 2 -O direito da empresa designada de uma Parte Contratante de embarcar ou desembarcar no território da outra Parte Contratante tráfego internacional de passageiros, carga e correio destinados ou provenientes de pontos intermédios das rotas indicadas na secção II será objecto de acordo entre as autoridades aeronáuticas das Partes Contratantes.
- 1 -Os pontos para além do território serão determinados de comum acordo entre as empresas designadas das duas Partes Contratantes e sujeitos a aprovação das autoridades aeronáuticas.
- 2 -O direito da empresa designada de uma Parte Contratante de embarcar ou desembarcar no território da outra Parte Contratante tráfego internacional de passageiros, carga e correio destinados ou provenientes de pontos além do território desta Parte Contratante será objecto de acordo entre as autoridades aeronáuticas das Partes Contratantes.