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(ii) the airline holds a valid Air Services License and an Air Operator Certificate issued by the competent

authority of the Republic of Mauritius; and

(iii) Effective regulatory control of the designated airline is exercised and maintained by the Republic of

Mauritius responsible for issuing its Air Operator’s Certificate.

c) The designated airline is qualified to meet the conditions prescribed under the legislation normally applied

to the operation of international air services by the Party considering the application or applications.

5. When an airline has been designated and authorized in accordance with this Article, it may operate the

agreed services for which it has been designated, provided that the airline complies with the applicable provisions

of this Agreement.

ARTICLE 5

Refusal, Revocation, Suspension And Limitation Of Rights

1. Each Party shall have the right to refuse, revoke, suspend or limit the operating authorizations or technical

permissions of an airline designated by the other Party of the rights specified in Article 3 of the present Agreement,

or to submit the exercise of those rights to the conditions considered necessary, where:

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

(i) It is not established in the territory of the Portuguese Republic under the EU Treaties or does not have a

valid Operating License in accordance with the law of the European Union; or

(ii) Effective regulatory control of the designated airline is not exercised or not maintained by the EU Member

State responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly

identified in the designation; or

(iii) The airline is not owned, directly or through majority ownership, or it is not 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 not incorporated in the territory of the Republic of Mauritius and its substantial ownership or

effective control is not in the hands of the Republic of Mauritius or its nationals, or

(ii) the airline does not hold a valid Air Services License or an Air Operator Certificate issued by the competent

authority of the Republic of Mauritius; and

(iii) Effective regulatory control of the designated airline is exercised and maintained by the Republic of

Mauritius responsible for issuing its Air Operator’s Certificate.

c) In the case the designated airline fails to meet the conditions prescribed under the legislation normally

applied to the operation of international air services by the Party considering the application or applications; or

d) In the case of failure by such designated airline to comply with the legislation of the Party granting the

authorization or permission; or

e) In the case the designated airline fails to operate the agreed services in accordance with the conditions

prescribed under this Agreement and the Annex attached hereto.

2. Unless immediate revocation, suspension or imposition of the conditions mentioned in paragraph 1 of this

Article is essential to prevent further infringement of the laws or the provisions of this agreement, such right shall

be exercised only after consultation in accordance with Article 22 with the Aeronautical Authorities of the other

Party.

ARTICLE 6

Application of Legislation and Procedures

1. The legislation and procedures of one Party relating to the admission to, sojourn in, or departure from its

territory of aircraft engaged in international air services, or to the operation and navigation of such aircraft while