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3 | II Série A - Número: 042 | 12 de Maio de 1994

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 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.
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 rights specified in article 2 of this Agreement
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.
V 5 — When an airline has been V .so designated and
authorized, it may begin at any time to operate the agreed
services, provided that ifight-schedules have been approved
and tariffs are in force in respect of those services, as
required respectively under article 13 and article 15 of this
V
Agreement..
V
V
V
6— Each Contracting Party shall have the right to
withdraw, by written notification to the other Contracting
Party, the designation of its own airline and to substitute
it by the designation of another airline.
Article 4
Revocation, suspension and limitation or rights
I — The aeronautical authorities of 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 the
airline designated by the other Contracting Party, or to
impose such conditions as it may deem necessary on the
exercise of these rights: . V V
a) In any case where it is not satisfied that
substUncial ownership and effective control of that
airline are vested in the Contraàting Party
designating the airline or in nationals of such
Contracting Party; or
b) In the case of failure by that airline to comply
with the laws or regulations of the Contracting
Party granting these rights; or
c) In case the airline fails to operate in accordance
with the conditions prescribed under the present
Agreement.
2 — Unless immediate revocation, suspension or
imposition of the conditions mentioned in paragraph I of
this article is essential to prevent further infrigements of
laws or regulations, such right shall
be exercised only after
consultation with the other Contracting Party. Such
consultation shall take place within a period of thirty
(30) days from the date of the proposal to hold it.
Article 5
Entry and clearence laws and regulations
— The laws, regulations and procedures of
a
Contracting Party relating to the admission to, sojourn
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 both Contracting
Parties
without distinction as to nationality, and
shall be complied
with by such aircraft upon entering into
or departing from
or while within the territory of that Party.
2 — The laws, regulations and procedures
of a
Contracting Party relating to the admissjon
to, sojourn in,
or departure from its territory of passengers,
crew, cargo
and mail transported on
board the aircraft, such as
regulations relating to entry, clearance,
immigration,
passports, customs and sanitary control
shall be complied
with by or on behalf of such passengers,
crew, cargo and
mail upon entrance into or departure from or
while within
the territory of that Party.
Article 6
Custom duties and other tharges
1 — Aircraft operated on international services by the
designated airline 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 exempted from
custom duties, inspection fees and other duties or taxes
on arriving in the territory of the other Conttaeting 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 service performed:
V
a) Aircraft stores taken on board in the territory, of
either Contracting
V
Party, within limits, fixed by
the authorities of one Contracting Party, and for
use on board outbound aircraft engaged Vfl an
international service by the designated airline of
the other Contracting Party; V
b) Spare parts and regular equipment entered into the
territory of either Contracting Party for the
maintenance or repair of aircraft Used on
international services by thU designated airline ‘of
the other Contracting Party; V V V
c) Fuel and lubricants destined to V supply outbound
aircraft operated on international services by the
designated airline of the other Contracting Party,
even when these supplies are to be used on the
part of the journey pertormed over the territory
of the Contracting Party in which they are taken
aboard.
V
3— Materials referred to in subparagraphs a), b) and
c) above may be required to be kept under customs
supervision or control.
V
4— The regular airborne equipment, as well as the
V materials and supplies retained on board the aircraft of the
designated airline 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 said authorities up to such time as they are
re-exported or otherwise disposed of in accordance with
customs regulations.


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