90 | II Série A - Número: 007S2 | 2 de Outubro de 2008

AIR TRANSPORT AGREEMENT BETWEEN THE PORTUGUESE REPUBLIC AND UKRAINE

The PORTUGUESE REPUBLIC and UKRAINE, hereinafter referred to as "the Parties",

Being Parties to the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944; Considering that the Portuguese Republic is a Member State of the European Community; Desiring to organize, in a safe and orderly manner, international air services and to promote in the greatest possible measure international cooperation in respect of such services; and Desiring to conclude an Agreement for the purpose of establishing scheduled air services between and beyond their territories;

Agree as follows:

Article 1 Definition

For the purpose of this Agreement, unless otherwise stated:

a) The term "Convention" means the Convention on International Civil Aviation opened for signature at Chicago on the seventh day of December 1944, including 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 Parties; b) The term "aeronautical authorities" means, in the case of the Portuguese Republic the National Institute of Civil Aviation, and in the case of Ukraine the Ministry of Transport and Communications or, in both cases, any person or body authorized to perform any functions at present exercised by the said authorities or similar functions; c) The term "designated airline" means any airline, which has been designated and authorised in accordance with Article 3 of this Agreement; d) The term "territory" has the meaning assigned to it in Article 2 of the Convention; e) The terms "air service", "international air service", "airline" and "stop for non-traffic purposes" have the meanings assigned to them in Article 96 of the Convention; f) The term "tariff" means the prices to be paid for the carriage of passengers, baggage and cargo and the conditions under which those prices apply, including prices and conditions for agency and other ancillary services, but excluding remuneration or conditions for the carriage of mail; g) The term "Agreement" means this Agreement, its Annexes and any amendments thereto; h) The term ‖standard‖ means any specifications for physical characteristics, configurations, material, performance, personnel or procedure, and such other matters referred to in Article 37 of the Convention, the uniform application of which is recognized as necessary for the safety, regularity or efficiency of international air navigation and to which the Parties will conform in accordance with the Convention; in the event of impossibility of compliance, notification to the Council of the International Civil Aviation Organization is compulsory under Article 38 of the Convention.
i) The term ―effective regulatory control‖,

(i) in the case of the Portuguese Republic, is predicated upon but is not limited to: the air carrier holds a valid Operating Licence issued by the competent authorities, and meets the criteria for the operation of international air services established by the competent authorities, such as proof of financial fitness, ability to meet, where relevant, public interest requirement, obligations for assurance of service, etc., and the licensing European Community Member State has and maintains aviation