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Artigo 20.º — Entrada em vigor

Vigente desde: 02/07/1999

O presente Acordo entrará em vigor após o cumprimento dos requisitos constitucionais por cada uma das Partes Contratantes, cumprimento esse que deverá ser notificado à outra Parte Contratante através dos canais diplomáticos. A data da entrada em vigor será a data da última notificação.

Em fé do que os signatários, devidamente autorizados pelos seus respectivos Governos, assinaram o presente Acordo em duplicado, nas línguas portuguesa e inglesa, ambos os textos fazendo igualmente fé. Em caso de divergência, o texto inglês prevalecerá.

Feito em Joanesburgo, aos 23 dias do mês de Maio de 1997.

Pela República Portuguesa:

José Lamego, Secretário de Estado dos Negócios Estrangeiros e da Cooperação

Pela República da África do Sul:

S. R. Maharaj, Ministro dos Transportes.

ANEXO

  1. 1 -Rotas a serem operadas, em ambos os sentidos, pelas empresas designadas pela República Portuguesa:

    Pontos em Portugal-pontos intermédios em África-Joanesburgo e ou Cidade do Cabo-pontos além em África.

  2. 2 -Rotas a serem operadas, em ambos os sentidos, pelas empresas designadas pela República da África do Sul:

    Pontos na África do Sul-pontos intermédios em África-Lisboa e ou Funchal-pontos além na Europa.

  3. 3 -Os pontos intermédios e os pontos além podem ser alterados segundo o critério de uma empresa designada, mediante aviso prévio às restantes empresas designadas e respectivas autoridades aeronáuticas.
  4. 1 -A fim de operarem os serviços referidos no parágrafo 1 da secção I, as empresas designadas pela República Portuguesa terão o direito de:
    1. a)Desembarcar em Joanesburgo e ou Cidade do Cabo tráfego internacional de passageiros, carga e correio embarcado em Portugal;
    2. b)Desembarcar em Portugal tráfego internacional de passageiros, carga e correio embarcado em Joanesburgo e ou Cidade do Cabo.
  5. 2 -A fim de operarem os serviços referidos no parágrafo 2 da secção I, as empresas designadas pela República da África do Sul terão o direito de:
    1. a)Desembarcar em Lisboa e ou Funchal tráfego internacional de passageiros, carga e correio embarcado na África do Sul;
    2. b)Desembarcar na África do Sul tráfego internacional de passageiros, carga e correio embarcado em Lisboa e ou Funchal.
  6. 3 -As empresas designadas de ambas as Partes Contratantes poderão omitir a operação de qualquer dos pontos referidos, desde que Joanesburgo e ou Cidade do Cabo e Lisboa e ou Funchal não sejam omitidos. A inclusão ou a omissão de tais pontos deverá ser anunciada atempadamente ao público.
  7. 4 -Os pontos na República da África do Sul e os pontos na República de Portugal podem ser operados separadamente ou em qualquer combinação.

    As empresas designadas de qualquer das Partes Contratantes poderão embarcar ou desembarcar no território da outra Parte Contratante tráfego internacional de passageiros, carga e correio com destino a ou proveniente de um ponto intermédio nas rotas especificadas na secção I, sob condição de acordo entre as autoridades aeronáuticas de ambas as Partes Contratantes.

    AIR TRANSPORT AGREEMENT BETWEEN THE REPUBLIC OF SOUTH AFRICA AND THE REPUBLIC OF PORTUGAL

    The Republic of Portugal and the Republic of South Africa, 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; and

    Desiring to conclude an Agreement, supplementary to the said Convention, for the purpose of the operation of air services between their respective territories;

    have agreed as follows:

    Article 1

    Definitions

    For the purpose of the present Agreement, unless the context otherwise requires:

    1. a)The term «aeronautical authorities» means, in the case of the Republic of South Africa, the Minister responsible for Civil Aviation and, in the case of Portugal, the Ministry of Public Works, Transport and Communications - Directorate General of Civil Aviation or, in both cases, any person or body authorized to perform any functions at present exercised by the said authorities or similar functions;
    2. b)The term «agreed services» means scheduled air services on the routes specified in the annex to this Agreement for the transport of passengers and cargo, and «specified route» means a route specified in the annex to this Agreement;
    3. c)The term «Agreement» means this Agreement, its annex drawn up in application thereof, and any amendments to the Agreement or to the annex;
    4. d)The term «the Convention» shall mean the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944, and includes any annex adopted under article 90 of that Convention and any amendment of the annexes or Convention under articles 90 and 94 thereof, so far as those annexes and amendments have been adopted by both Contracting Parties;
    5. e)The term «designated airline» shall mean an airline or airlines which has been designated and authorized in accordance with article 3 of the present Agreement;
    6. f)The term «cargo» includes mail;
    7. g)The terms «air service», «international air service», «airline» and «stop for nontraffic purposes» shall have the meaning respectively assigned to them in article 96 of the Convention;
    8. h)The term «tariff» means the prices which the designated airlines charge for the transport of passengers and cargo and the conditions under which those prices apply but excluding remuneration and conditions for carriage of mail;
    9. i)The term «territory» in relation to a State has the meaning assigned to it in article 2 of the Convention.

      Article 2

      Grant of rights

  8. 1 -Each Contracting Party grants to the other Contracting Party the rights described in the present Agreement and in the annex, for the operation of scheduled international air services on the routes specified in the annex.
  9. 2 -The airlines designated by each Contracting Party shall enjoy the following rights:
    1. a)To fly without landing across the territory of the other Contracting Party;
    2. b)To make stops in the said territory for non-traffic purposes; and
    3. c)To land in the territory of the other Contracting Party for the purpose of taking on board and discharging international traffic in passengers and cargo while operating the agreed service.
  10. 3 -Nothing in this article shall be deemed to confer on the designated airlines of one Contracting Party the right of taking on, in the territory of the other Contracting Party, passengers, cargo and mail carried for remuneration or hire and destined for another point in the said territory.
  11. 4 -If because of armed conflict, political disturbances or developments, or special and unusual circumstances, the designated airlines of one Contracting Party are unable to operate a service on their normal routes, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate temporary rearrangements of such routes as mutually decided by the Contracting Parties.

    Article 3

    Designation of airlines

  12. 1 -Each Contracting Party shall have the right to designate in writing to the other Contracting Party one or more airlines for the purpose of operating the agreed services on the specified routes.
  13. 2 -On receipt of such designation, the other Contracting Party shall, subject to the provisions of paragraphs 3 and 4 of this article, without delay grant to the designated airlines the appropriate operating authorization.
  14. 3 -The aeronautical authorities of one Contracting Party may require the airlines designated by the other Contracting Party to satisfy them that they are 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.
  15. 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 traffic rights specified in article 2, in any case where the said Contracting Party is not satisfied that substantial ownership and effective control of that airline are vested in the Contracting Party designating the airline or in its nationals.
  16. 5 -When an airline has been so designated and authorized, it may begin at any time to operate the agreed services, provided that flight schedules have been approved and tariffs are in force in respect of those services, as required respectively under articles 12 and 10 of this Agreement.
  17. 6 -Each Contracting Party shall be able freely to replace its concession-holding airlines after previously informing the other Contracting Party of such changes. the newly designated airline shall have all the rights and duties of its predecessor.

    Article 4

    Revocation, suspension and limitation of rights

  18. 1 -Each Contracting Party shall have the right to revoke an operating authorization or to suspend the exercise of the rights specified in article 2 of the present Agreement by an airline designated by the other Contracting Party, or to impose such conditions as it may deem necessary on the exercise of these 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;
    2. b)In the case of failure by that airline to comply with the laws or regulations of the Contracting Party granting these rights; or
    3. c)In case the airline otherwise fails to operate in accordance with the conditions prescribed under the present Agreement.
  19. 2 -Unless immediate revocation, suspension or imposition of the conditions mentioned under 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. Such consultation shall take place as soon as possible, in accordance with article 15 («Consultations»).

    Article 5

    Entry and clearance laws and regulations

  20. 1 -The laws and regulations of one Contracting Party relating to admission to, stay in, or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of the airlines designated by the other Contracting Party and shall be complied with by such aircraft upon entrance into or departure from and while within the territory of the first Contracting Party.
  21. 2 -The laws and regulations of one Contracting Party relating to the admission to, stay in, or departure from its territory of passengers, crew or cargo of aircraft, including regulations relating to entry, clearance, immigration, passports, customs and quarantine, shall be complied with by or on behalf of such passengers, crew or cargo of the airlines of the other Contracting Party upon entrance into or departure from and while within the territory of the first Contracting Party.

    Article 6

    Recognition of certificates and licences

  22. 1 -Certificates of airworthiness, certificates of competency and licences issued, or rendered valid by one Contracting Party and still in force, shall be recognised as valid by the other Contracting Party for the purpose of operating the agreed services provided that such certificates and licences were issued or rendered valid pursuant to, and in conformity with, the standard established under the Convention. Each Contracting Party reserves the right, however, to refuse to recognise, for the purpose of flights undertaken pursuant to the rights granted under paragraph 2 of article 2 («Grant of rights»), certificates of competency and licences granted to its own nationals by the other Contracting Party.
  23. 2 -If the privileges or conditions of the licences or certificates issued or rendered valid by one Contracting Party permit a difference from the standards established under the Convention, and that difference has been filed with the International Civil Aviation Organisation, the aeronautical authorities of the other Contracting Party may request consultations in accordance with article 15 («Consultations») of this Agreement with the aeronautical authorities of the first Contracting Party with a view to satisfying themselves that the practice in question is acceptable to them. Failure to reach a satisfactory agreement shall constitute grounds for the application of article 4 («Revocation, suspension and limitation of rights») of this Agreement.

    Article 7

    Customs duties and other charges

  24. 1 -Aircraft operated on international services by the designated airlines of either Contracting Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants, and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other duties or taxes on arriving in the territory of the other Contracting Party, provided such equipment and supplies remain on board the aircraft up to such time as they are re-exported, or are used on the part of the journey performed over that territory.
  25. 2 -There shall also be exempt from the same duties and taxes, with the exception of charges corresponding to the service performed:
    1. a)Aircraft stores taken on board in the territory of either Contracting Party, within limits fixed by the authorities of the said Contracting Party, and for use on board outbound aircraft engaged in an international service of the designated airlines of the other Contracting Party;
    2. b)Spare parts (including engines) and normal airborne equipment entered into the territory of either Contracting Party for the maintenance or repair of aircraft used on international services by the designated airlines of the other Contracting Party; and
    3. c)Fuel and lubricants destined to supply outbound aircraft operated on international services by the designated airlines of the other Contracting Party, even when these supplies are to be used on the part of the journey performed over the territory of the Contracting Party in which they are taken on board.
  26. 3 -Materials referred to in sub-paragraphs a), b) and c) above may be required to be kept under customs supervision or control.
  27. 4 -The regular airborne equipment, as well as the materials and supplies retained on board the aircraft of the designated airlines 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 in accordance with customs regulations.
  28. 5 -The exemptions provided for by this article shall be available in situations where the designated airlines of either Contracting Party have entered into arrangements with another airline or airlines for the loan or transfer in the territory of the other Contracting Party of the items specified in paragraphs 1 and 2, provided such other airline or airlines similarly enjoy such exemptions from the other Contracting Party.

    Article 8

    Direct transit traffic

    Passengers, baggage and cargo in direct transit across the territory of either Contracting Party shall be subject to no more than a very simplified control in so far as security requirements so permit. Baggage and cargo in direct transit shall be exempt from customs duties and other similar taxes.

    Article 9

    Sales and transfer of earnings

  29. 1 -The designated airlines of both Contracting Parties shall be allowed to establish in the territory of the other Contracting Party, offices for the promotion of air transportation and sale of air tickets as well as other facilities required for the provision of air transportation.
  30. 2 -A designated airline of one Contracting Party shall be allowed to bring in and maintain in the territory of the other Contracting Party its managerial, commercial, operational and technical staff as it may require in connection with the provision of air transportation. These staff requirements may, at the option of a designated airline, be satisfied by its own personnel or by using the services of any other organization, company or airline operating in the territory of the other Contracting Party and authorized to perform such services in the territory of that Contracting Party. The above personnel shall be subject to the laws and regulations relating to the admission to, and stay in, the territory of that Contracting Party.
  31. 3 -Each designated airline shall have the right to engage in the sale of air transportation in the territory of the other Contracting Party directly and, at its discretion, through its agents. Such airline shall have the right to sell such transportation and any person shall be free to purchase such transportation.
  32. 4 -Each designated airline shall have the right to convert and remit to its country on demand, at the official rate, of exchange, the excess of receipts over expenditures achieved in connection with the carriage of passengers and cargo. In the absence of the appropriate provisions of a payments agreement, the above-mentioned transfer shall be made in convertible currencies and in accordance with the national laws and foreign exchange regulations applicable.
  33. 5 -The designated airlines of one Contracting Party shall have the right, at its discretion, to pay for local expenses in the territory of the other Contracting Party in local currency, or provided these accord with local currency regulations, in freely convertible currencies.

    Article 10

    Tariffs

  34. 1 -The tariffs to be charged by the designated airline of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit and the tariffs of other airlines.
  35. 2 -The tariffs referred to in paragraph 1 of this article shall, if possible, be agreed by the designated airlines of both Contracting Parties, after consultation 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 of the International Air Transport Association for determining tariffs.
  36. 3 -The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at least 45 days before the proposed date of their introduction. In special cases this period may be reduced, subject to the agreement of the said authorities.
  37. 4 -This approval may be given expressly. If neither of the aeronautical authorities has expressed disapproval within 30 days from the date of submission, in accordance with paragraph 3 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 3, the aeronautical authorities may agree that the period within which any disapproval must be notified shall be less than 30 days.
  38. 5 -If a tariff cannot be agreed in accordance with paragraph 2 of this article or if, during the period applicable in accordance with paragraph 4 of this article, one aeronautical authority gives the other aeronautical authority notice of its disapproval of any tariff agreed in accordance with the provisions of paragraph 2, the aeronautical authorities of the two Contracting Parties shall, after consultation with the aeronautical authorities of any other State whose advice they consider useful, endeavour to determine the tariff by mutual agreement.
  39. 6 -If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph 3 of this article, or on the determination of any tariff under paragraph 5 of this article, the dispute shall be settled in accordance with the provisions provided for in article 17 («Settlement of disputes»).
  40. 7 -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 12 months after the date on which it otherwise would have expired.

    Article 11

    Capacity

  41. 1 -Each Contracting Party shall allow a fair and equal opportunity for the designated airlines of both Contracting Parties to compete in the international air transportation covered by this Agreement.
  42. 2 -The capacity to be provided by the designated airlines of each Contracting Party will bear a close relationship to the requirements of the public for transportation on the agreed routes and will have as its primary objective the provision, at a reasonable load factor, of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers and cargo between South Africa and Portugal.
  43. 3 -Provision by designated airlines for the carriage of traffic originating in or destined for points on its specified routes in the territories of third countries shall be made in accordance with the general principles that capacity shall be related to:
    1. a)The requirements of traffic originating in or destined for the territory of the Contracting Party which has designated the airlines;
    2. b)The traffic requirements of the area through which the airline passes, after taking account of local and regional services; and
    3. c)The requirements of through airline operations.
  44. 4 -The capacity to be provided, in accordance with this article, by the designated airlines of both Contracting Parties, shall be submitted to the approval of the aeronautical authorities of both Contracting Parties.

    Article 12

    Flight schedules

    The flight schedules of the agreed services and in general, the conditions of their operations, shall be submitted by the designated airlines of one Contracting Party to the approval of the aeronautical authorities of the other Contracting Party at least 30 days before the intended date of their implementation. Any modification to such flight schedules or conditions of their operation shall also be submitted to the aeronautical authorities for approval. In special cases, the above set limit may be reduced subject to the agreement of the said authorities.

    Article 13

    Aviation safety

  45. 1 -Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Whithout limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970 and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, and any other multilateral agreement governing civil aviation security binding upon both Contracting Parties.
  46. 2 -The Contracting Parties shall provide upon request all necessary assistance to each other to provent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.
  47. 3 -The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organisation and designated as annexes to the Convention on International Civil Aviation, to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence in their territory and the operators of airports in their territory act in conformity with such aviation security provisions.
  48. 4 -Each Contracting Party agrees that such operators of aircraft may be required to observe the aviation security provisions referred to in paragraph 3 above, require by the other Contracting Party for entry into, departure from, or while within the territory of that other Contracting Party. Each Contracting Party shall ensure that adequate measures are effectively applied within its territory to protect the aircraft and to inspect passengers, crew, carry on items, baggage, cargo and aircraft stores prior to and during boarding or loading. Each Contracting Party shall also give positive consideration to any request from the other Contracting Party for reasonable special security measures to meet a particular threat.
  49. 5 -When an incident or threat of an incident of unlawful seizure of civil aircraft or other unlawful acts against the safety of such aircraft, their passengers and crew, airports and navigation facilities occurs, the Contracting Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.
  50. 6 -Should one Contracting Party have problems whith regard to the aviation security provisions of this article, the aeronautical authorities of either Contracting Party may request immediate consultations with the aeronautical authorities of the other Contracting Party.

    Article 14

    Provision of information

    The aeronautical authority of each Contracting Party shall provide, or shall cause its designated airlines to provide, the aeronautical authority of the other Contracting Party, upon request, with periodic or other statements of statistics as may be reasonably required for the purpose of reviewing the operation of the agreed services including, but not limited to, statements of statistics related to the traffic carried by its designated airline between points in the territory of the other Contracting Party and other points on the specified routes.

    Article 15

    Consultations

  51. 1 -In a spirit of close co-operation, the aeronautical authorities of the Contracting Parties shall consult each other when necessary with a view to ensuring the implementation of, satisfactory compliance with and amendment to the provisions of this Agreement and the annex thereto.
  52. 2 -Such consultations shall begin within a period of 60 days from the date of a written request by the other Contracting Party unless otherwise agreed by both Contracting Parties.

    Article 16

    Amendment of Agreement

  53. 1 -This Agreement may be amended or revised by agreement, in writing, between the Contracting Parties.
  54. 2 -Any amendment of this Agreement agreed by the Contracting Parties, shall come into effect on a date to be determined in an exchange of notes and be dependant upon the completion of any constitutional requirements.
  55. 3 -The annex to this Agreement may be amended, in writing, between the aeronautical authorities and such amendment shall take effect on a date to be determined by them.
  56. 4 -If the provisions of a multilateral agreement or convention concerning air transport come into force in respect of both Contracting Parties, this Agreement shall be deemed to be amended so far as is necessary to conform with the provisions of such agreement or convention.

    Article 17

    Settlement of disputes

  57. 1 -If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement and the annex thereto, the Contracting Parties shall, in the first place, endeavour to settle it by negotiation.
  58. 2 -If the Contracting Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body or the dispute may, at the request of either Contracting Party, be submitted for decision to a tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by the two so nominated. Each of the Contracting Parties shall nominate an arbitrator within a period of 60 days from the date of receipt by either Contracting Party from the other of a notice, through the diplomatic channel, requesting arbitration of the dispute and the third arbitrator shall be appointed within a further period of 60 days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified, or of the third arbitrator is not appointed within the period specified, the president of the International Civil Aviation Organisation 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.
  59. 3 -The Contracting Parties undertake to comply with any decision given under paragraph 2 of this article.
  60. 4 -If and so long as either Contracting Party, or a designated airline of either Contracting Party, fails to comply with the decision given under paragraph 2, of this article, the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Contracting Party in default.
  61. 5 -Subject to the final decision of the tribunal, the Contracting Parties shall bear in equal proportion, the interim costs of arbitration.

    Article 18

    Termination

    Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate the present Agreement; such notice shall be simultaneously communicated to the International Civil Aviation Organisation. In such case the Agreement shall terminate 12 months after the date of receipt of the notice by the other Contracting Party, unless the notice to terminate is withdrawn by agreement before the expiry of this period. In the absence of acknowledgement of receipt by the other Contracting Party, notice shall be deemed to have been received 14 days after the receipt of the notice by the International Civil Aviation Organisation.

    Article 19

    Registration of agreement and amendments

    This Agreement and any subsequent amendments thereto shall be submitted by the Contracting Parties to the International Civil Aviation Organisation for registration.

    Article 20

    Entry into force

    This Agreement shall enter into force after fulfilment of the constitutional requirements by each Contracting Party, which fulfilment shall be notified to the other Contracting Party through the diplomatic channel. Provided that the date of entry into force shall be the date of the last notification.

    In witness whereof, the undersigned, duly authorised by their respective Governments, have signed and sealed this Agreement in duplicate, in the Portuguese and English languages, both texts being authentic. Provided that in the case of divergence the English text shall prevail.

    Done at Johannesburg of this 23rd day of May 1997.

    For the Republic of Portugal:

    José Lamego, Secretary of State of Foreign Affairs and Cooperation.

    For the Republic of South Africa:

    S. R. Maharaj, Minister of Transport.

    ANNEX

    SECTION I

  62. 1 -Routes to be operated in both directions by the airlines designated by the Republic of Portugal:

    Points in Portugal-intermediate points in Africa-Johannesburg and/or Cape Town-points beyond in Africa.

  63. 2 -Routes to be operated in both directions by the airlines designated by the Government of the Republic of South Africa:

    Points in South Africa-intermediate points in Africa-Lisboa and/or Funchal-points beyond in Europe.

  64. 3 -Intermediate points and points beyond can be changed at the discretion of a designated airline with prior notice to the other designated airlines and the respective aeronautical authorities.

    SECTION II

  65. 1 -To operate the services referred to in paragraph 1 of section I, the airlines designated by the Republic of Portugal shall have the right:
    1. a)To disembark in Johannesburg and/or in Cape Town international traffic in passengers, cargo and mail embarked in Portugal; and
    2. b)To disembark in Portugal international traffic in passengers, cargo and mail embarked in Johannesburg and/or Cape Town.
  66. 2 -To operate the services referred to in paragraph 2 of section II, the airlines designated by the Republic of South Africa shall have the right:
    1. a)To disembark in Lisboa and/or Funchal international traffic in passengers, cargo and mail embarked in South Africa; and
    2. b)To disembark in South Africa international traffic in passengers, cargo and mail embarked in Lisboa and/or Funchal.
  67. 3 -The designated airlines of both Contracting Parties may omit calling at any of the above mentioned points provided that Johannesburg and/or Cape Town and Lisboa and/or Funchal are not so omitted. Inclusion or omission of such points shall be announced to the public in due time.
  68. 4 -The points in the Republic of South Africa and the points in the Republic of Portugal may be operated separately or in combination, in any association.

    SECTION III

    The designated airlines of either Contracting Party may operate intermediate and/or beyond points, at their choice, on the above specified routes, and shall have the right to carry traffic in passengers, cargo and mail between that Contracting Party's own territory and such points. No more than one such intermediate or beyond points shall be operated in each frequency, in the same direction with due cognizance being taken of paragraph 3 of section I of this annex.

    SECTION IV

    The designated airlines of either 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 originated at an intermediate point on the routes specified in section I, subject to agreement between the aeronautical authorities of both Contracting Parties.

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