6 | II Série A - Número: 042 | 12 de Maio de 1994

it sEins-A
— NUMERO
42
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
exchange 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
I — 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 the Contracting Parties’
fail to reach a settlement
by negotiation, they may agree 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 the two
so nominated. Each of the
Contracting Parties shall
nominate an arbitrator
within a
period of sixty (60) days
from the date of receipt
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,
the
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 and shall act
as president of the arbitral
body.
3— The Contracting Parties
undertake to comply with
any decision given
under paragraph 2 of this
article.
4—If and so long as ,either
Contracting Party or
the
designated airline
of either Contracting
Party fails to
comply, with the decision
given 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 the Contracting
Party in
default.
I
5 — Each Contracting Party
shall pay the expenses
of
the arbitrator it has nominated.
The remaining expenses
of the 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
the, present Agreement; such
notice shall be simultaneously
communicated to
the International Civil
Aviation
Organization. In
such case the Agreement
shall terminate
twelve (12) months
after the date of receipt
of the notice
by the other Contracting Party,
unless 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
Civil Aviation
Organization.
Article 21
Registration
This Agreement and any amendment
thereto shall
be
registered with the International
Civil 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, dtlly 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 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 the services
referred to in paragraph
1
of this section,
the airline designated by
the Government
of the 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 the
services referred to in
paragraph 2
of this section the airline
designated by the Government
of Malta shall have the
right:
a) To put down in Lisbon
international traffic in
passengers, cargo
and mail taken on
in Malta;
Guido de Marco.
On behalf of the Government
of the Republic of
Portugal:
José Manuel Durão Barroso.

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