692

II SÉRIE-A — NÚMERO 42

RESOLUÇÃO

APROVA, PARA RATIFICAÇÃO, 0 ACORDO DE TRANSPORTE AÉREO ENTRE O GOVERNO DA REPÚBLICA PORTUGUESA E O GOVERNO DA REPÚBLICA DE MALTA.

A Assembleia da República resolve, nos termos dos artigos 164.P, alínea j), e 169.°, n.° 5, da Constituição, aprovar, para ratificação, o Acordo de Transporte Aéreo entre o Governo da República Portuguesa e o Governo da República de Malta, assinado em Lisboa a 22 de Janeiro de 1993, cujo texto original, nas línguas inglesa e portuguesa, segue em anexo à presente resolução.

Aprovada em 9 de Fevereiro de 1994.

O Presidente da Assembleia da República, António Moreira Barbosa de Melo.

AIR TRANSPORT AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF PORTUGAL AND THE GOVERNMENT OF MALTA.

The Government of the Republic of Portugal and the Government of Malta, hereinafter called «the Contracting Parties»:

Being Parties to the Convention on International Civil

Aviation opened for signature at Chicago on the

seventh day of December, 1944; Desiring to conclude an agreement for the purpose

of establishing air services between their respective

territories;

have agreed as follows:

Article 1

Definitions

1 — For the purpose of the present Agreement, unless the context otherwise requires:

a) The term «aeronautical aulhorities» shall mean, in the case of Malta, the Ministery responsible for civil aviation and, in the case of the Republic of Portugal, the Directorate General of Civil Aviation or, in both cases, any person or body authorized to perform any functions at present exercised by the said authorities or similar functions;

b) The term «the Convention» shall mean the Convention on Internationa) Civil Aviation opened for signature at Chicago on the seventh day of December, 1944, and include any annex adopted under article 90 of that Convention and any amendment of the annexes or Convention under articles 90 and 94 thereof, so far as those annexes and amendments have been adopted by both Contracting Parties;

c) The term «designated airline» shall mean an airline which has been designated and authorized in accordance with article 3 of the present Agreement;

d) The term «territory» in relation to a State shall mean the land areas and territorial waters adjacent thereto under the sovereignty of that State;

e) The terms «air Service», «international air Service», «airline» and «stop for non-traffic pur-poses» shall have the meanings assigned to them in article 96 of the Convention;

f) The term «tariff» shall mean the prices to be paid for the carriage of passengers, baggage and freight and the conditions under which those prices apply, including prices and conditions for agency and other auxiliary services, but excluding remuneration or conditions for the carriage of mail; and

g) The term «annex» shall mean the route schedules attached to the present Agreement and any clauses or notes appearing in such annex.

2 — The annex to this Agreement is considered an inseparable part thereof.

Article 2 Operating rights

1 — Each Contracting Party grants to the other Contracting Party the rights described in the present Agreement and its annex, for the establishment and the operation of scheduled international air services on the routes specified in the annex. Such services and routes are hereinafter called «the agreed Services» and «the specified routes» respectively.

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

a) To fly without landing across the territory of the other Contracting Party;

b) To make stops in the said territory for non-traffic purposes;

c) To make stops in the said territory for the purpose of putting down and taking on passengers, mail and cargo coming from or destined for points on the specified routes, subject to the provisions of this Agreement and its annex.

3 — Nothing in this article shall be deemed to confer on the airline of one Contracting Party the right of taking on in the territory of the other Contracting Party passengers, cargo and mail carried for remuneration or hire and destined for another point in the said territory.

Article 3 Designation of airlines

1 — Each Contracting Party shall have the right to designate one airline for the purpose of operating the agreed services on die specified routes. The notification of such designation shall be made, in writing, by the aeronautical authorities of the Contracting Party having designated the airline to the aeronautical authorities of the other Contracting Party.

2 — On receipt of such notification, the aeronautical authorities of the other Contracting Party, subject to the provisions of paragraphs 3 and 4 of this article shatt grant without delay the appropriate operating authorization to the designated airline.