Resolução da Assembleia da República n.º 80/2020 — Aprova o Acordo sobre Serviços Aéreos entre a República Portuguesa e a República da Maurícia, assinado em Port Louis…

6 - 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.

7 - If a Party has occasional problems in the context of the present Article on security of civil aviation, the aeronautical authorities of both Parties may request immediate consultations with the aeronautical authorities of the other Party.

Article 11

Exemption from customs duties and other charges

1 - Aircraft operating on international services by the designated airline of either Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants, other consumable technical supplies and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempt from all customs duties, inspection fees and other similar charges on arriving in the territory of the other Party, provided such equipment, supplies and aircraft stores 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.

2 - There shall also be exempt from the same duties, fees and taxes, with the exception of charges corresponding to the services performed for:

3 - All materials referred to in paragraph 2 of this Article may be required to be kept under customs supervision or control.

4 - The regular airborne equipment, as well as the materials and supplies retained on board the aircraft operated by the designated airline of either Party, may be unloaded in the territory of the other Party only with the approval of the Customs authorities of that Party. In such cases, they may be placed under the supervision of the said Customs authorities up to such time as they are re-exported or otherwise disposed of in accordance with Customs regulations.

5 - The exemptions provided for by this Article shall also be available in situations where the designated airlines of either Party have entered into arrangements with another airline or airlines for the loan or transfer in the territory of the other Party of the items specified in paragraphs 1 and 2 of this Article, provided such other airline or airlines similarly enjoy such exemptions from such other Party.

6 - Nothing in this Agreement shall prevent the Portuguese Republic from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated airline of the Republic of Mauritius that operates between a point in the territory of the Portuguese Republic and another point in the territory of the Portuguese Republic or in the territory of another European Union Member State.

Article 12

User charges

1 - Each Party shall endeavour to ensure that user charges imposed or permitted to be imposed by its competent authorities on a designated airline of the other Party are just and reasonable. These charges shall be based on sound economic principles.

2 - Neither Party shall impose or permit to be imposed on a designated airline of the other Party user charges higher than those imposed on its own designated airline conducting similar international air transportation using similar aircraft and associated facilities and services.

3 - Each Party shall encourage consultations between its responsible charging bodies and the designated airlines using the facilities and services. Where practicable, such consultations should be through the appropriate representative airline organization.

4 - Each Party shall encourage the competent charging authorities or bodies and the airlines to exchange such information as may be necessary to permit an accurate review of the reasonableness of the charges in accordance with the principles enunciated in paragraphs 1 and 2 of this Article. Each Party shall encourage the competent charging authorities to provide users with reasonable notice of any proposal for changes in user charges to enable users to express their views before changes are made.

Article 13

Conversion and transfer of revenues

1 - Each Party grants to the designated airlines of the other Party the right of free transfer at the official rate of currency exchange, of revenues tax exempted and of the excess of receipts over expenditures achieved in connection with the carriage of passengers, baggage, cargo and mail on the agreed services in its territory, and in accordance with the applicable domestic law in the territory of the Party from which the transfer is made.

2 - For the purpose of this Article, the applicable domestic law of the Portuguese Republic includes all measures taken by the European Union.

Article 14

Principles governing operation of agreed services

1 - The capacity to be provided by the designated airlines of each Contracting Party shall bear a relationship to the requirements of the public for transportation on the agreed routes and shall 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 baggage, cargo and mail originating from or destined for the territory of the Contracting Party which has designated the airlines.

2 - Any provision by the designated airlines for the carriage of traffic to be uplifted from or discharged at points on the specified routes in the territories of third States, shall be made in accordance with the general principles that capacity shall be related to:

3 - The capacity and frequency of services to be operated by the designated airlines of each Contracting Party shall be subject to predetermination jointly done by the Aeronautical Authorities of both Contracting Parties on the basis of the principles enshrined in this Article.

4 - In order to meet seasonal fluctuations or unexpected traffic demands of a temporary nature, the designated airline(s) of one Contracting Party shall submit the necessary application to the Aeronautical Authority of the other Contracting Party for approval.

Article 15

Fair competition

1 - Each Party shall, in conformity with its legislation and procedures, allow a fair and equal opportunity for the designated airlines of the other Party to compete in providing the international air transportation governed by this Agreement.

2 - Each Party shall, where necessary, take all appropriate action within its jurisdiction to eliminate all forms of discrimination or unfair competitive practices adversely affecting the competitive position of the designated airlines of the other Contracting Party.

3 - Neither Party shall allow its designated airline or airlines, either in conjunction with any other airline or airlines or separately, to abuse market power in a way which has or is likely or intended to have the effect of severely weakening a competitor or excluding a competitor from a route.

4 - If one Party has substantiated concerns that its designated airlines are being subjected to discrimination or unfair practices, or that support being considered or provided by the other Party would adversely affect or is adversely affecting the fair and equal opportunity of the airlines of the first Party to compete in providing international air transportation, it may request consultations and notify the other Party of the reasons for its dissatisfaction. These consultations shall be held not later than 30 days after receipt of the request. If the situation is not resolved the Party that requested consultations will take appropriate action including those referred to in Article 5.

Article 16

Approval of timetables

1 - A designated airline of a Party shall submit to the Aeronautical Authorities of the other Party for its approval, thirty (30) days in advance the timetable of its intended services, specifying the points to be served, the frequency, the type of aircraft, configuration and number of seats to be made available to the public.

2 - Any subsequent changes to the approved timetables of a designated airline shall be submitted to the Aeronautical Authorities of the other Party for its approval.

3 - If a designated airline wishes to operate flights supplementary to those covered in the approved timetables, it shall obtain prior permission of the Aeronautical Authorities concerned.

4 - The approval of timetables or changes thereto submitted by a designated airline, or authorization for supplementary flights, shall not be refused by a Party without a valid reason.

Article 17

Tariffs

1 - The tariffs to be charged by the designated airlines of each Party for the international carriage in the services provided under this Agreement shall be freely established at reasonable levels, due regard being paid to all relevant factors, including the cost of operations, the characteristics of the service, the interest of users, a reasonable profit and other market consideration.

2 - Each Party may require notification to or filing with its Aeronautical Authorities of tariffs to be charged to or from its territory by designated airlines of the other Party. Notification of filing by the designated airlines of either Parties may be required no more than thirty (30) working days before the proposed date of effectiveness. In individual cases, notification or filing may be permitted on shorter notice than normally required. Neither Party shall require the notification nor filing by airlines of the other Party of tariffs charged by charterers to the public, except as be required in a non-discriminatory basis for information purposes.

3 - Without prejudice of the applicable competition and consumer protection law prevailing in each Party, neither Party shall take unilateral action to prevent the inauguration or continuation of an effective tariff proposed to be charged or charged by a designated airline of the other Party for international air transportation in the services provided under this Agreement. Intervention by the Parties shall be limited to:

4 - Without prejudice to the previous paragraph 3 of this Article, the Aeronautical Authorities of either Party may expressly approve the tariffs filed by the designated airlines. Where such aeronautical authorities find that a certain tariff falls within the categories set forth in paragraph 3a), 3b), 3c) and 3d), they shall send reasoned notification of its dissatisfaction to the aeronautical authorities of the other Party and to the concerned airline as soon as possible, and in no event later than thirty (30) working days after the date of filing of the tariff in question and may request consultations. If the other Party/airline accepts the contention, the tariff shall be withdrawn forthwith. Otherwise the consultation requested by the first Party shall be within thirty (30) working days of the request and both Parties shall endeavour to reach a satisfactory resolution. Unless both Aeronautical Authorities have agreed to disapprove a tariff, the tariff shall be treated as having been approved and shall continue to be in effect.

Article 18

Statistics

The Aeronautical Authorities of either Party, or their designated airlines, may be required to supply to the Aeronautical Authorities of the other Party, the information and statistics as may be reasonably required for information purposes.

Article 19

Representation and personnel/commercial activities

1 - The designated airlines or airlines of each Party shall have the right, on the basis of reciprocity, to establish offices in the territory of the other Party, for the purpose of promotion of air transportation and sale of air tickets as well as, in accordance with the legislation of such other Party, other facilities required for the provision of air transportation.

2 - The designated airline or airlines of each Party shall be authorized, on a reciprocal basis, to bring in and maintain in the territory of the other Party managerial, operational, sale, technical and other specialist staff required for the operation of the agreed services. The required personnel of the designated airline or airlines shall be granted, on a reciprocal basis, the authorization for access to the airport(s) where services are operated and to areas connected with the aircraft, the crew, the passengers and the cargo.

3 - Subject to the laws, regulations and procedures of each Party including, in the case of the Portuguese Republic, European Union law, each designated airline shall have in the territory of the other Party the right to perform its own ground handling ("self-handling") or, at its option, the right to select among competing suppliers that provide ground handling services in whole or in part. Where such laws and regulations limit or preclude self-handling and where there is no effective competition between suppliers that provide ground handling services, each designated airline shall be treated on a non-discriminatory basis as regards their access to self-handling and ground handling services provided by a supplier or suppliers.

4 - Each Party shall grant to the designated airline(s) of the other Party the right to engage in the sale of their documents for air transportation in its territory directly or at the airlines' discretion, through its agents. Each designated airline shall have the right to sell such transportation in the local currency or in freely convertible foreign currency. Any designated airline of a Party shall have the right to pay for local expenses in the territory of the other Party in local currency, or in freely convertible foreign currency, provided it complies with local currency regulations.

Article 20

Intermodal Services

1 - Notwithstanding any other provision of this Agreement, airlines and indirect providers of passenger transportation of each Party shall be permitted, without restriction, to employ in connection with international air transportation any surface transportation for passengers to or from any points in the territories of the Parties or in third countries, including transport to and from all airports with customs facilities. Airlines may elect to perform their own surface transportation or, at their discretion, to provide it through arrangements with other surface carriers, including surface transportation operated by other airlines and indirect providers of passenger air transportation. Such intermodal passenger services may be offered at a single, through price for the air and surface transportation combined, provided that passengers are informed as to the facts of this transportation.

2 - Notwithstanding any other provision of this Agreement, airlines and indirect providers of cargo transportation of the Parties shall be permitted, without restriction, to employ in connection with international air transportation any surface transport for cargo to or from any points in the territories of the Parties or third countries, including transport to and from all airports with customs facilities, and including, where applicable, the right to transport cargo in bond under applicable domestic law. Access to airport customs processing and facilities shall be provided for such cargo, whether moving by surface or by air. Airlines may elect to perform their own surface transport or to provide it through arrangements with other surface carriers, including surface transport operated by other airlines and indirect providers of cargo air transportation. Such intermodal cargo services may be offered at a single, through price for the air and surface transport combined, provided that shippers are informed as to the facts concerning such transport.

Article 21

Consultation

1 - Either Party may at any time request consultations on the implementation, interpretation, application or amendment, or compliance with this Agreement.

2 - Subject to Articles 5 ("Refusal, revocation, suspension and limitation of rights") , 9 ("Aviation safety") and 10 ("Aviation security"), such consultations, which may be through discussion or correspondence, shall begin within a period of sixty (60) days of the date of receipt of such a request, unless otherwise mutually decided.

Article 22

Amendment of Agreement

1 - If either of the Parties considers it desirable to amend any provision of this Agreement, such amendment shall be agreed upon in accordance with the provisions of Article 22.

2 - The amendments resulting from the negotiations referred to in the previous number shall enter into force according to what is established in Article 26.

3 - If, in conformity with domestic law, a multilateral convention concerning air transportation comes into force in respect of both Parties, this Agreement shall be deemed to be amended so far as is necessary to conform with the provisions of that convention.

Article 23

Settlement of disputes

1 - Any dispute between the Parties concerning the interpretation or application/implementation of this Agreement, with the exception of any dispute concerning tariffs, which cannot be settled by consultations or negotiations, or, where agreed, shall at the request of either Party be submitted to an arbitral tribunal.

2 - Within a period of thirty (30) days from the date of receipt by either Party from the other Party of a note through the diplomatic channel requesting arbitration of the disputes by a tribunal, each Party shall nominate an arbitrator. Within a period of thirty (30) days from the appointment of the arbitrator last appointed, the two arbitrators shall appoint a president who shall be a national of a third state. If within thirty (30) days after one of the Parties has nominated its arbitrators, the other Party has not nominated its own or, if within thirty (30) days following the nomination of the second arbitrator, both arbitrators have not agreed on the appointment of the president, either Party may request the President of the Council of the International Civil Aviation Organization to appoint an arbitrator or arbitrators as the case requires. If the President of the Council is of the same nationality as one of the Parties, the most senior Vice President who is not disqualified on that ground shall make the appointment.

3 - Except as otherwise determined by the Parties or prescribed by the tribunal, each Party shall submit a memorandum within thirty (30) days after the tribunal is fully constituted. Replies shall be due within thirty (30) days. The tribunal shall hold a hearing at the request of either Party, or at its discretion, within thirty (30) days after replies are due.

4 - The tribunal shall attempt to give a written award within thirty (30) days after completion of the hearing, or, if no hearing is held, after the date both replies are submitted. The award shall be taken by a majority vote.

5 - The Parties may submit requests for clarification of the award within fifteen (15) days after it is received and such clarification shall be issued within fifteen (15) days of such request.

6 - The award of the arbitral tribunal shall be final and binding upon the Parties.

7 - Each Party shall bear the costs of the arbitrator appointed by it. The other costs of the tribunal under this Article shall be shared equally between the Parties.

8 - If and for so long as either Party fails to comply with an award under paragraph 6 of this Article, the other Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to the Party in default.

Article 24

Duration and Termination

1 - This Agreement shall remain in force for an undetermined period.

2 - Each Party may, at any time, terminate this Agreement.

3 - The termination must be notified to the other Party and, simultaneously, to the International Civil Aviation Organisation, producing its effects twelve (12) months after the receipt of the notification by the other Party.

4 - In case of failure of information to the other Party of the 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 25

Registration with ICAO

This Agreement and any amendment thereto shall be registered with the International Civil Aviation Organization.

Article 26

Entry into Force

The present Agreement shall enter into force thirty (30) days after the date of the receipt of the last notification, through diplomatic channels, indicating that all the internal procedures required for the purpose have been fulfilled.

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

Done in Port Louis on the 14th of September of 2017, in duplicate in the English and Portuguese languages, both texts being equally authentic. In case of divergence of interpretation, the English version shall prevail.

For the Portuguese Republic:

Maria Amélia Paiva, Ambassador of Portugal.

For the Republic of Mauritius:

Nayen Koomar Ballah, Secretary to the Cabinet and Head of the Civil Service.

ANNEX

Route Schedule

The designated airline(s) of each Party shall be entitled to perform international air transportation on their respective routes as given below:

Route for the designated airline(s) of the Republic of Mauritius

([ver documento original](https://files.diariodarepublica.pt/1s/2020/10/20200/0000300029.pdf))

Route for the designated airline(s) of the Portuguese Republic

([ver documento original](https://files.diariodarepublica.pt/1s/2020/10/20200/0000300029.pdf))

Notes

1 - The points on the above route shall be freely selected by the designated airlines of each Party and will be notified to the Aeronautical Authorities of both Parties thirty (30) days before the start of the services.

2 - The designated airline(s) of each Party may perform their services in either or both directions, and may at their option change the order or omit one or more points on any of the above routes, in whole or part of its services (including intermediate, beyond points and points in the territories of the Parties), provided that the services commence or terminate at a point in the territory of the Party designating the airline.

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

4 - The designated airline(s) of each Party may serve points in the territory of the other Party in any combination, as part of a through international journey and without domestic traffic rights (cabotage).