6 DE MARCO DE 1981

669

Air Transport Agreement Between the Government of Portugal and the Government of the People's Republic of Angola

The Government of Portugal and the Government of the People's Republic of Angola, hereinafter called «the Contracting Partiesi):

Desiring to develop in a safe and orderly manner scheduled air services between their respective territories and to pursue the development of international cooperation in the field of air transportation;

Taking into consideration the desirability to apply to the above air services the principles and provisions of the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944;

have agreed as follows:

ARTICLE 1 (Definitions)

For the purpose of the present Agreement and its Annex unless the text otherwise requires:

a) The term ((Aeronautical Authorities* means in the case of Portugal, the Ministry for Transport and Communication —Directorate General of Civil Aviation— and, in the case of Angola, the Secretary of State for Communication or in both cases, any person or body authorized to perform any functions at present exercised by the said authorities;

6) The term «the Convention)) means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December, 1944, and includes any Annex adopted under article 90 of that Convention and any amendment of the Annexes or Convention so far as those Annexes and amendments have been adopted by both Contracting Parties;

c) The term «territory» in relation to a State

means the land areas and territorial waters adjacent thereto under the sovereignty of that State;

d) The term «air service)), ((international air ser-

vice)), «auiine» and «stop for non traffic purposes)) have the meaning respectively assigned to them in paragraphs a), b), c) and d) of article 96 of the Convention;

e) The term ((designated airlines means an airline

which has been designated by the Aeronautical Authorities of a Contracting Party in accordance with article 3 of this Agreement for the purpose of operating the agreed international air services on the routes specified in the Annex to this Agreement and authorized in accordance with said article 3 by the Aeronautical Authorities of the other

/> The term «Annex» means the Annex to this Agreement including any amendments thereto under article 18 of this Agreement.

ARTICLE 2 (Granting of rights)

1 — Each Contracting Party grants to the other Contracting Party the rights specified in the present Agreement for the purpose of operating scheduled international air services on the routes specified in the Annex to the present Agreement. Such services and routes are hereafter* called «the agreed services» and «the specified routes».

2 — The airline designated dy each Contracting Party shall enjoy, while operating an agreed service on a rpecified route, the following rights:

a) To fly without landing across the territory of

the other Contracting Party;

b) To land in the said territory for non traffic

purposes;

c) To take up and put down international traffic

in. passengers, cargo and mail in accordance with the provisions of this Agreement and its Annex.

3 — Nothing in this article shall be deemed to confer on t'he airline of one Contracting Party the privilege of taking up in the territory of the other Contracting Party passengers, cargo and mail carried for remuneration or hire and destined for another point in the territory of that other Contracting Party (cabotage).

4 — Each Contracting Party shall have the right to specify prescribed routes over its territory as well as the aircports to be used by the airline designated by the other Contracting Party.

ARTICLE 3 (Airline designation)

1 — Each Contracting Party shall have the reght to designate one airline for the purpose of operate the agreed services on the specified routes. The notification of such designation shall be made in writing by the Aeronautical Authorities of the Contrac ting Party designations the airline to the Aeronautical Authorities of the other Contracting Party.

2 — On receipt of such designation, the other Contracting Party shall subject to the provisions of paragraphs 3 and 4 ofs this article, without de lay grant to the designated airline the appropriate operating permit.

3 — The Aeronautical Authorities of one Contracting Party may require ithe airline designated by the other Contracting Party to satisfy them that it is qualified to fulfill the condlitions prescribed under the laws and regulations normally and reasonably applied to the operation international air services by such authorities in conformity with the provisions of the Convention.

4 —Each Contracting Party shall hace the right to refuse to grant the operating permit referred to