294-(102)

II SÉRIE-A — NÚMERO 17

seventh day of December, 1944, desiring to develop cooperation in the field of air transport, and desiring to establish the necessary basis for the operation of scheduled air services have agreed as follows:

Article 1

Definitions

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

a) The term «aeronautical authorities* shall mean, in the case of the Portuguese Republic, the Directorate General of Civil Aviation, and in the case of the Socialist Republic of Vietnam, the Civil Aviation Administration of Vietnam,

• 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 International 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 any 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 means the land areas (mainland and islands), internal waters and territorial waters adjacent thereto and the airspace above them 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 conditiorfs 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 designated airline of the other Contracting Party the following rights in respect of its scheduled international air services:

a) The right to fly across its territory without landing;

b) The right to make stops in its territory for non-traffic purposes.

2 — Each Contracting Party grants to the designated airline of the other Contracting Party the rights hereinafter specified in this Agreement for the purpose of operating scheduled international air services on the routes specified in the appropriate section of the schedule annexed to this Agreement. Such services and routes are hereinafter called «the agreed Services» and «the

specified routes» respectively. While operating an

agreed service on a specified route the airline designated by each Contracting Party shall enjoy in addition to the rights specified in paragraph 1 of this article and subject to the provisions of this Agreement, the right to make stops in the territory of the other Contracting Party at the points specified for that route in the schedule to this Agreement for the purpose of taking on board and discharging passengers, baggage and cargo including mail.

3 — Nothing in paragraph 2 of this article shall be deemed to confer on the designated airline of one Contracting Party the right of taking up, in the territory of the other Contracting Party, passengers, baggage, cargo or mail carried for remuneration or hire and destined for another point in the territory of the other Contracting Party.

4 — The airlines of each Contracting Party, other than that designated under article 3 of this Agreement shall also enjoy the rights specified in paragraph 1, a) and b), of this article.

5 — If because of armed conflict, political disturbances or developments, or special and unusual circumstances, the designated airline of one Contracting Party is unable to operate a service on its normal routing, the other Contracting Party shall use its best efforts to facilitate the continued operation of such service through appropriate rearrangements of such routes,

•, including the grant of rights for such time as may be necessary to facilitate viable operations. The provisions of this paragraph shall be applied without discrimination between the designated airlines of the Contracting Parties.

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 the 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 shall grant without delay the appropriate operating authorization to the designated airline.

3 — The aeronautical authorities of one Contracting Party may require the airline designated by the other Contracting Party to satisfy them that they are qualified to fulfil the conditions prescribed under the laws and regulations normally and reasonably applied to the operation of international air services by such authorities in conformity with the provisions of the Convention.

4 — Each Contracting Party shall have the right to

refuse to grant the operating authorization referred to in paragraph 2 of this article, or to impose such conditions as it may deem necessary on the exercise by a designated airline of the rights specified in article 2