19 DE DEZEMBRO DE 1997

344-(21)

Article 10

Tariffs

1 — The tariffs to be charged by the designated airline of one Contracting Party for carriage to or from the territory of the other Contracting Party shall be established at reasonable levels, due regard being paid to all relevant factors, including cost of operation, reasonable profit and the tariffs of other airlines.

2 — The tariffs referred to in paragraph 1 of this article shall, if possible, be agreed by the designated airlines of both Contracting Parties, after consultation with the other airlines operating over the whole or part of the route, and such agreement shall, wherever possible, be reached by the use of the procedures of the International Air Transport Association for determining tariffs.

3 — The tariffs so agreed shall be submitted for the approval of the aeronautical authorities of both Contracting Parties at least 45 days before the proposed date of their introduction. In special cases this period may be reduced, subject to the agreement of the said authorities.

4 — This approval may be given expressly. If neither of the aeronautical authorities has expressed disapproval within 30 days from the date of submission, in accordance with paragraph 3 of this article, these tariffs shall be considered as approved. In the event of the period for submission being reduced, as provided for in paragraph 3, the.aeronautical authorities may agree that the period within which any disapproval must be notified shall be less than 30 days.

5 — If a tariff cannot be agreed in accordance with paragraph 2 of this article or if, during the period applicable in accordance with paragraph 4 of this article, one aeronautical authority gives the other aeronautical authority notice of its disapproval of any tariff agreed in accordance with the provisions of paragraph 2, the aeronautical authorities of the two Contracting Parties shall, after consultation with the aeronautical authorities of any other State whose advice they consider useful, endeavour to determine the tariff by mutual agreement.

6 — If the aeronautical authorities cannot agree on any tariff submitted to them under paragraph 3 of this article, or on the determination of any tariff under paragraph 5 of this article, the dispute shall be settled in accordance with the provisions provided for in article 17 («Settlement of disputes»).

7 — A tariff established in accordance with the provisions of this article shall remain in force until a new tariff has been established. Nevertheless, a tariff shall not be prolonged by virtue of this paragraph for more than 12 months after the date on which it otherwise would have expired.

Article 11 Capacity

1 —Each Contracting Party shall allow a fair and e.qua\ opportunity for the designated airlines of both Contracting Parties to compete in the international air transportation covered by this Agreement.

2 — The capacity to be provided by the designated airlines of each Contracting Party will bear a close relationship to the requirements of the public for transportation on the agreed routes and will have as its primary objective the provision, at a reasonable load factor, of capacity adequate to meet the current and reasonably anticipated requirements for the carriage of passengers and cargo between South Africa and Portugal.

3 — Provision by designated airlines for the carriage of traffic originating in or destined for points on its specified routes in the territories of third countries shall be made in accordance with the general principles that capacity shall be related to:

a) The requirements of traffic originating in or destined for the territory of the Contracting Party which has designated the airlines;

b) The traffic requirements of the area through which the airline passes, after taking account of local and regional services; and

c) The requirements of through airline operations.

4 — The capacity to be provided, in accordance with this article, by the designated airlines of both Contracting Parties, shall be submitted to the approval of the aeronautical authorities of both Contracting Parties.

Article 12

Flight schedules

The flight schedules of the agreed services and in general, the conditions of their operations, shall be submitted by the designated airlines of one Contracting Party to the approval of the aeronautical authorities of the other Contracting Party at least 30 days before the intended date of their implementation. Any modification to such flight schedules or conditions of their operation shall also be submitted to the aeronautical authorities for approval. In special cases, the above set limit may be reduced subject to the agreement of the said authorities.

Article 13 Aviation safety

1 — Consistent with their rights and obligations under international law, the Contracting Parties reaffirm that their obligation to each other to protect the security of civil aviation against acts of unlawful interference forms an integral part of this Agreement. Whithout limiting the generality of their rights and obligations under international law, the Contracting Parties shall in particular act in conformity with the provisions of the Convention on Offences and Certain Other Acts Committed on Board Aircraft, signed at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, signed at The Hague on 16 December 1970 and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23 September 1971, and any other multilateral agreement governing civil aviation security binding upon both Contracting Parties.

2 — The Contracting Parties shall provide upon request all necessary assistance to each other to provent acts of unlawful seizure of civil aircraft and other unlawful acts against the safety of such aircraft, their passengers and crew, airports and air navigation facilities, and any other threat to the security of civil aviation.

3 — The Contracting Parties shall, in their mutual relations, act in conformity with the aviation security provisions established by the International Civil Aviation Organisation and designated as annexes to the Convention on International Civil Aviation, to the extent that such security provisions are applicable to the Contracting Parties; they shall require that operators of aircraft of their registry or operators of aircraft who have their principal place of business or permanent residence