Resolução da Assembleia da República n.º 222/2019 — Aprova o Acordo sobre Serviços Aéreos entre a República Portuguesa e a República da Coreia, assinado em Seul, em 25 de…

3 - Pursuant to article 16 of the Convention, it is further agreed that any aircraft operated by the designated airlines of one Party on services to or from the territory of the other Party may, while within the territory of the other Party, be the subject of an examination on board and around the aircraft by the authorized representatives of the other Party, provided this does not lead to unreasonable delay. Notwithstanding the obligations mentioned in article 33 of the Convention, the purpose of this examination is to verify the validity of the relevant aircraft documents, the licensing of its crew and the apparent condition of the aircraft and its equipment (in this article called "ramp inspection").

4 - If any such ramp inspection or series of ramp inspections gives rise to serious concerns that an aircraft or the operation of an aircraft does not comply with the minimum standards established at that time pursuant to the Convention, or serious concerns that there is a lack of effective maintenance and administration of safety standards established at that time pursuant to the Convention, the Party carrying out the inspection shall, for the purposes of article 33 of the Convention, be free to conclude that the requirements under which the certificate or licenses in respect of that aircraft or in respect of the crew of that aircraft had been issued or rendered valid, or that the requirements under which that aircraft is operated, are not equal to or above the minimum standards established pursuant to the Convention.

5 - In the event that access for the purpose of undertaking a ramp inspection of an aircraft operated by a designated airline of one Party in accordance with paragraph 3 of this article is denied by a representative of that designated airline, the other Party shall be free to infer that serious concerns of the type referred to in paragraph 4 of this article arise and draw the conclusions referred in that paragraph.

6 - Each Party reserves the right to immediately suspend or vary the operating authorization of a designated airline of the other Party in the event the first Party concludes, whether as a result of a ramp inspection, a series of ramp inspections, a denial of access for ramp inspection, consultation or otherwise, that immediate action is essential to the safety of the airline operation.

7 - Any action by one Party in accordance with paragraphs 2 or 6 of this article shall be discontinued once the basis for the taking of that action ceases to exist.

8 - With reference to paragraph 2 of this article, if it is determined that one Party remains in non-compliance with the standards established at that time pursuant to the Convention when the agreed time period has lapsed, the Secretary-General of the International Civil Aviation Organization should be advised thereof. The Secretary-General should also be advised of the subsequent satisfactory resolution of the situation.

9 - Where the Portuguese Republic has designated an airline whose regulatory control is exercised and maintained by another European Union Member State, the rights of the Republic of Korea under this article shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that European Union Member State and in respect of the operating authorization of that airline.

Article 15

Security

1 - Consistent with their rights and obligations under international law, the 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. Without limiting the generality of their rights and obligations under international law, the Parties shall in particular act in conformity with the provisions of:

(a) the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963;

(b) the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970;

(c) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971;

(d) the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 24 February 1988;

(e) the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1 March 1991; and

(f) any other convention governing aviation security binding upon both Parties.

2 - The Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organization and designated as Annexes to the Convention to the extent that such security provisions are applicable to the 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, or in the case of the Portuguese Republic, operators of aircraft which are established in its territory under the EU Treaties and have received valid operating licenses in accordance with European Union law, or in the case of the Republic of Korea, operators of aircraft which are established in its territory and have valid operating licences in accordance with the applicable law of the Republic of Korea, and the operators of airports in their territory act in conformity with such aviation security provisions.

3 - The Parties shall provide upon request all necessary assistance to each other to prevent 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.

4 - Each Party agrees that such operators of aircraft shall be required to observe the aviation security provisions referred to in paragraph 2 of this article required by the other Party for entry into, departure from, or while within the territory of that other Party. For the entry into, departure from, or while within the territory of the Republic of Korea, operators of aircraft shall be required to observe the aviation security provisions in conformity with the law in force in the Republic of Korea. For the entry into, departure from, or while within the territory of the Portuguese Republic, operators of aircraft shall be required to observe the aviation security provisions in conformity with European Union law. Each 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 Party shall also give sympathetic consideration to any request from the other Party for reasonable special security measures to meet a particular threat.

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 or air navigation facilities occurs, the Parties shall assist each other by facilitating communications and other appropriate measures intended to terminate rapidly and safely such incident or threat thereof.

6 - When a Party has reasonable grounds to believe that the other Party has departed from the provisions of this article, the aeronautical authorities of the first Party may request immediate consultations with the aeronautical authorities of the other Party. Failure to reach a satisfactory agreement shall constitute grounds for the application of article 4 of this Agreement. When justified by an emergency, or to prevent further non-compliance with the provisions of this article, the first Party may take interim action at any time.

Article 16

Provision of statistics

The aeronautical authorities of one Party shall supply the aeronautical authorities of the other Party, at their request, with such statistics as may be reasonably required for information purposes subject to the laws and regulations of each Party.

Article 17

Tariffs

1 - The tariffs to be applied by the designated airlines of one Party for services covered by this Agreement shall be established at reasonable levels, due regard being paid to all relevant factors, including the interests of users, costs of operation, characteristics of service, reasonable profit, tariffs of other airlines and other commercial considerations in the marketplace.

2 - The Parties may intervene to disapprove tariffs which may be objectionable. Intervention by the Parties shall be limited to:

(a) prevention of unreasonably discriminatory tariffs or practices;

(b) protection of consumers from tariffs that are unreasonably high or restrictive due to the abuse of a dominant position; and

(c) protection of airlines from prices that are artificially low due to direct or indirect government subsidy or support.

3 - Each Party may require, on a non-discriminatory basis, notification to or filing with its aeronautical authorities of tariffs to be charged to or from its territory operated by airlines of the other Party. Such notification or filing by the airlines of both Parties may be required at least thirty (30) days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice than normally required.

4 - Neither Party shall take unilateral action to prevent the inauguration or continuation of a tariff proposed to be charged or charged by (a) an airline of either Party for international air transportation between the territories of the Parties; or (b) an airline of one Party for international air transportation between the territories of the other Party and any other country. If either Party believes that any such tariff is inconsistent with the considerations set forth in paragraph 2 of this article, it shall request consultations and notify the other Party of the reasons for its dissatisfaction. These consultations shall be held in accordance with article 18 of this Agreement. The Parties shall cooperate in securing information necessary for a reasoned resolution of the issue. If the Parties reach agreement, each Party shall use its best efforts to put that agreement into effect. Without such mutual agreement, the tariff shall go into effect or continue in effect.

Article 18

Consultations

1 - In order to ensure close cooperation, the Parties shall consult with each other concerning the implementation, interpretation, application, amendment or enforcement of this Agreement.

2 - Such consultations, which may be through discussion or by correspondence, shall begin within a period of sixty (60) days from the date one Party has received a written request from the other Party, unless otherwise agreed.

Article 19

Settlement of disputes

1 - If any dispute arises between the Parties relating to the interpretation or application of this Agreement, the Parties shall in the first place endeavour to settle it by negotiation.

2 - If the Parties fail to reach a settlement by negotiation, they may agree to refer the dispute for decision to some person or body. If they do not so agree, the dispute may at the request of either Party be submitted for decision to an arbitral tribunal of three arbitrators, one to be nominated by each Party and the third to be appointed by the two so nominated. Each of the Parties shall nominate an arbitrator within a period of sixty (60) days from the date of receipt by either Party from the other of a notice through diplomatic channels requesting arbitration of the dispute by such a tribunal, and the third arbitrator shall be appointed within a further period of sixty (60) days. In such case, the third arbitrator shall be a national of a third State and shall act as president of the arbitral tribunal. If either of the Parties fails to nominate an arbitrator within the period specified or if the third arbitrator is not appointed within the period specified, the President of the Council of the International Civil Aviation Organization may be requested by either Party to appoint an arbitrator or arbitrators as the case requires.

3 - Each Party shall comply with any decision given, including any interim recommendation made under paragraph 2 of this article.

4 - If and so long as either Party or any designated airline of either Party fails to comply with a decision given under paragraph 2 of this article, the other Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement.

5 - Each Party shall pay the expenses of the arbitrator it has nominated. The remaining expenses of the arbitral tribunal shall be shared equally by the Parties.

Article 20

Amendment

1 - If either Party considers it desirable to amend any provision of this Agreement, it may at any time request consultations with the other Party in accordance with article 18 of this Agreement.

2 - If the Parties agree on the amendment, the agreed amendment shall enter into force in accordance with the provisions of article 24 of this Agreement.

Article 21

Duration and termination

1 - This Agreement shall remain in force for an undetermined period until superseded by mutual agreement of the Parties or terminated by either Party in accordance with paragraph 2 of this article.

2 - Either Party may, at any time, give notice in writing, through diplomatic channels, to the other Party of its decision to terminate this Agreement.

3 - The termination must be notified to the other Party and, simultaneously, to the International Civil Aviation Organization, and shall take effect twelve (12) months after the receipt of the notification by the other Party, unless the notice is withdrawn by mutual agreement before the expiry of this period.

4 - If the other Party fails to acknowledge receipt of the notification, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International Civil Aviation Organization.

Article 22

Registration

This Agreement and any amendments hereto shall be registered with the International Civil Aviation Organization.

Article 23

Multilateral agreement

If a multilateral agreement concerning air transport comes into force in respect of both Parties, this Agreement shall be deemed to be amended so as to conform with the provisions of that multilateral agreement.

Article 24

Entry into force

The Parties shall notify each other through diplomatic channels of the completion of their internal legal procedures necessary for the entry into force of this Agreement. This Agreement shall enter into force thirty (30) days after the date of the later notification.

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

Done in duplicate at Seoul, on the 25th day of May 2018, in the Portuguese, Korean and English languages, all texts being equally authentic. In case of any divergence of interpretation, the English text shall prevail.

For the Portuguese Republic:

Teresa Ribeiro, Secretary of State of Foreign Affairs and Cooperation.

For the Republic of Korea:

Cho Hyun, Vice Minister of Foreign Affairs.

ANNEX

Route Schedule

SECTION 1

Routes to be operated in both directions by the designated airlines of the Portuguese Republic

([ver documento original](https://files.diariodarepublica.pt/1s/2019/11/21400/0003900094.pdf))

SECTION 2

Routes to be operated in both directions by the designated airlines of the Republic of Korea

([ver documento original](https://files.diariodarepublica.pt/1s/2019/11/21400/0003900094.pdf))

Notes

1 - The designated airlines of both Parties may on any or all flights omit calling at any of the intermediate and/or beyond points mentioned above, provided that the agreed services on the routes begin or end in the territory of the Party which has designated the airlines.

2 - The exercise of fifth freedom traffic rights on specified intermediate and/or beyond points shall be subject to mutual understanding between the aeronautical authorities of both Parties.