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II SÉRIE-A — NÚMERO 32

EK II

Uçus Tarlfelerinln onaylanmasl

Mutabik kalinan seferlerin uçus tarifeleri ve genelde onlari isletme sartlan, bir Akit Tarafça tayin edilmis havayolu tarafindan, uygulanmasi amaçlanan taríhten en az otuz (30) gún once diger Akit Tarafin havacilik makamlarinin onayina arz edilmis olacaktir. Bu uçus tarifeleri ve isletme sartlanyla ilgili herhangi bir de¿isiklik de havacilik makamlarinm onayina arz edilecektir. özel durumlarda, yukanda konulan zaman limiti, añilan makamlann anlasmasina bagh olarak azaltüabilir.

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

The Government of the Republic of Portugal and the Government of the Republic of Turkey:

Being Parties to the Convention on International Civil Aviation and the International Air Services Transit Agreement, both 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 this Agreement, unless the context otherwise requires:

a) 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 under articles 90 and 94 thereof, which have been adopted by both Parties;

b) The term ((aeronautical authorities)) means, in the case of the Republic of Portugal, the Directorate General of Civil Aviation of the Ministry of Public Works, Transport and Communications, and any person or body authorized to perform any functions exercised by the said Directorate, and in the case of the Repubic of Turkey, the Minister of Communications and any person or bc-iy authorized to perform any functions exercised by the said Minister;

c) The term «desig^ated ai.line» means an airline which has been designated and authorized in accordance with article 3 of this Agreement;

d) The term «territory» has the meanning specified in article 2 of the Convention;

e) The terms «air services», «international air service», «airline» and «stop for non-traffic purposes» have the meanings specified in article 96 of the Convention;

f) The term «capacity» means:

In relation to an aircraft, the payload of that aircraft available on the route or section of a route;

In relation to a specified air service, the capacity of the aircraft used on such service multiplied by- the frequency operated by such aircraft over a given period and route or section of a route;

g) The term «traffic» means passenger, baggage, cargo and mail;

h) The term «annexes» shall mean the route schedules and the provisions concerning the approval of flight schedules, attached to the present Agreement, as well as any clauses or notes appearing in such annexes.

2 — The annexes to this Agreement are considered a part thereof.

" Article 2 Traffic rights

1 — Each Contracting Party grants to the other Contracting Party the rights specified in this Agreement, for the purpose of establishing scheduled international air services on the routes specified in annex I to this Agreement. Such services and routes are hereafter called «the agreed Services» and «the specified routes», respectively. The airlines 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; and

c) To make stops in the territory at the points specified for that route in annex i to this Agreement for the purpose of putting down and taking up international traffic.

2 — Nothing in paragraph 1 of this article shall be deemed to confer on the airlines of one Contracting Party the privilege of taking up, in the territory of the other Contracting Party, traffic carried for remuneration or hire and destined for another point in the territory of that other Contracting Party.

Article 3 Operating authorizatioas

1 — Each Contracting Party shall have the right to designate in writing to the other Contracting Party airline(s) for the purpose of operating the agreed services on the specified routes.

2 — Each Contracting Party may not, however, designate more than one airline to operate agreed services in any given pair of points included in the routes specified for that Party.

3 — On receipt of such designation, the other Contracting Party shall, subject to the provisions of paragraphs 4 and 5 of this article, without delay grant to the airline designated the appropriate operating authorizations.

4 — The aeronautical authorities of one Contracting Party may require an airline designated by the other Contracting Party to satisfy them that it is qualified to fulfil the conditions prescribed under the laws and