17 DE JUNHO DE 1993

766-(11)

at any time request consultation to the other Contracting Party. Such consultation shall begin within a period of sixty (60) days from die date of the request, unless otherwise agreed.

2 — Any amendment or modification of this Agreement shall be settled between the Contracting Parties according to their own constitutional procedures and shall come into effect when it has been confirmed by an exchange of notes through diplomatic channels.

3 — Modification to the annex may be effected by direct agreement between the aeronautical authorities of the Contracting Parties and shall come into force by an excban-. ge of notes through diplomatic channels.

Article 18 Conformity with multilateral convention

The present Agreement and its annex shall be deemed to be amended without further agreement as may be necessary to conform with any multilateral convention or agreement which may become binding on both Contracting Parties.

Article 19

Settlement of disputes

1 — If any dispute arises between the Contracting Parties relating to the interpretation or application of this Agreement, the Contracting Parties shall in the first place endeavour to settle it by direct negotiations..

2 — If die Contracting Parties fail to reach a setdement by negotiation, they may agreee to refer the dispute for decision to some person or body, or the dispute may at the request of either Contracting Party be submitted for decision to a tribunal of three arbitrators, one to be nominated by each Contracting Party and the third to be appointed by die two so nominated. Each of the Contracting Parties shall nominate an arbitrator within a period of sixty (60) days from the date of recept by either Contracting Party from the other of a notice through diplomatic channels requesting arbitration of the dispute, and the third arbitrator shall be appointed within a further period of sixty (60) days. If either of the Contracting Parties fails to nominate an arbitrator within the period specified or the third arbitrator is not appointed, die President of the Council of the International Civil Aviation Organization may be requested by either Contracting Party to appoint an arbitrator or arbitrators as the case requires. In such case, the third arbitrator shall be a national of a third State an shall act as president of the arbitral body.

3 — The Contracting Parties undertake to comply with any decision given under paragraph 2 of mis article.

4 — If and so long as either Contracting Party or die designated airline of either Contracting Party fails to comply with the decision giver under paragraph 2 of this article, the other Contracting Party may limit, suspend or revoke any rights or privileges which it has granted by virtue of this Agreement to die Contracting Party in default

5 — Each Contracting Party shall pay .the expenses of the arbitrator it has nominated. The remaining expenses of die arbitral tribunal shall be shared equally by the Contracting Parties.

Article 20

Termination

Either Contracting Party may at any time give notice to the other Contracting Party of its decision to terminate die present Agreement; such notice shall be simultaneously communicated to the International Civil Aviation Orga-. nization. In such case the Agreement shall terminate twelve (12) months after the date of receipt of the notice by the other Contracting Party, unlesse the notice to terminate is

withdrawn by agreement before the expiry of this period. In the absence of acknowledgment of receipt by the other Contracting Party, notice shall be deemed to have been received fourteen (14) days after the receipt of the notice by the International CivU Aviation Organization.

Article 21

Registration

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

Article 22

Entry into force

This Agreement shall come into force when the Contracting Parties, by an exchange of diplomatic notes, notify each other of the completion of their constitutional requirements.

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

Done in Lisbon, on the. 22nd day of January 1993, in two originals each in the Portuguese and English languages, both texts being equally authentic.

On behalf of die Government of the Republic of Portugal: On behalf of the Government of Malta

ANNEX

Section I

1 — Route to be operated in both directions by the airline designated by the Government of the Republic of Portugal:

Lisbon-intermediate point-Malta-point beyond.

2 — Route to be operated in both directions designated by the Government of Malta

Malta-intermediate point-Lisbon-point beyond.

3 — To operate die services referred to in paragraph 1 of this section, the airline designated by the Government of die Republic of Portugal shall have the right

a) To put down in Malta international traffic in passengers, cargo and mail taken on in Lisbon;

b) To take on in Malta international traffic in passengers, cargo and mail destined for Lisbon.

4 — To operate die services referred to in paragraph 2 of this section die airline designated by the Government of the Republic of Malta shall have the right

a) To put down in Lisbon international traffic in passengers, cargo and mail taken on in Malta;

b) To take on in Lisbon international traffic in passengers, cargo and mad destined for Malta

5 — The designated airlines of both Contracting Parties may omit calling at any of the above-mentioned points provided that Malta and Lisbon are not so omitted. Inclusion or omission of such points shall be announced to die public in due time.

Section U

The designated airline of either Contracting Party may use one intermediate point and or one point beyond, at its choice, on the above specified routes, and shall have (he rigb to cany