II SÉRIE-A — NÚMERO 143 38

ARTICLE 2

Applicability of the Convention

The provisions of this Agreement shall be subject to the provisions of the Convention insofar as those

provisions are applicable to international air services.

ARTICLE 3

Grant of Rights

1. Each Party grants to the other Party the following rights for the purpose of operation of scheduled

international air services by the designated airlines of the other Party:

(a) the right to fly across its territory without landing;

(b) the right to make stops in its territory for non-traffic purposes; and

(c) the right to land in the territory of the other Party at the points specified on the route agreed in the Annex

to this Agreement for the purpose of taking on board and discharging passengers and/or cargo including mail,

subject to the conditions specified in the said Annex.

2. Nothing in this Article shall be deemed to confer on the designated airlines of one Party the right of taking

on board, in the territory of the other Party, passengers and/or cargo including mail, for remuneration, destined

for another point in the territory of that other Party.

3. The rights specified at paragraph 1 (a) and (b) above shall be granted by each Party to an airline of the

other Party even if that airline is not a designated airline.

4. If the designated airlines of one Party are unable to operate services on its normal routing because of armed

conflict, political disturbances, or special and unusual circumstances the other Party shall make its best efforts to

facilitate the continued operation of such service through appropriate rearrangements of such routes, including

the grant of rights for such time as may be necessary to facilitate viable operations. The provisions of this norm

shall be applied without discrimination between the designated airlines of the Parties.

ARTICLE 4

Designation of Airlines and Authorization

1. Each Party shall have the right to designate in writing through the diplomatic channel, to the other Party

one or more airlines for the purpose of operating the agreed services on the routes specified in the Annex to this

Agreement, and to alter or substitute or revoke such a designation in writing through diplomatic channel.

2. On receipt of such a designation and of applications from a designated airline, in the form and manner

prescribed for operating authorizations and technical permissions, the Aeronautical Authorities of the other Party

shall, with minimum of procedural delay, subject to the provisions of paragraphs 3, 4 and 5 of this Article, grant

to the airline designated in accordance with paragraph 1 of this Article the appropriate operating authorization

provided that:

a) In the case of an airline designated by the Portuguese Republic:

(i) It is established in the territory of the Portuguese Republic under the EU Treaties and has a valid Operating

License in accordance with the law of the European Union; and

(ii) Effective regulatory control of the designated airline is exercised and maintained by the EU Member State

responsible for issuing its Air Operator’s Certificate, and the relevant aeronautical authority is clearly identified in

the designation; and

(iii) The airline is owned, directly or through majority ownership, and it is effectively controlled by Member

States of the EU or the European Free Trade Association and/or by nationals of such States.

b) In the case of an airline designated by the Republic of Mauritius:

(i) the airline is incorporated in the territory of the Republic of Mauritius and its substantial ownership and

effective control are in the hands of the Republic of Mauritius or its nationals;