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

safety and security oversight programs in compliance with standards of the International Civil Aviation Organization at least; (ii) in the case of Ukraine, means a relationship constituted by rights, contracts which, either separately or jointly and having regard to the considerations of fact or law involved, confer the possibility of directly or indirectly exercising a decisive influence on an airline or otherwise confer a decisive influence on the running of the business of an airline.

j) The term ―Operating Licence‖,

(i) in the case of the Portuguese Republic means an authorization granted by the Member State of the European Community responsible to an undertaking, permitting the airline to carry out carriage by air of passengers, baggage, mail and/or cargo, as stated in the Operating Licence for remuneration and/or hire; (ii) and in the case of Ukraine means an authorization granted by the aeronautical authorities of Ukraine permitting the designated airline to provide carriage by air of passengers, baggage, mail and/or cargo, as stated in the licence for remuneration and/or hire.

k) The term ―Air Operator’s Certificate‖ means a document issued to an airline by the competent authorities which affirms that the airline in question has the professional ability and organization to secure the safe operation of aircraft for the aviation activities specified in the certificate.
l) The term ―Agreed Services‖‖ means scheduled international air services on the routes specified in the appropriate section of Annex 1 to this Agreement for the transport of passengers, cargo and mail, separately or in combination; m) The term ―Specified Route‖ means any route specified in the appropriate section of Annex 1 to this Agreement.

Article 2 Grant of rights

1. Each Party grants to the designated airlines of the other Party the following rights in respect of its 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; and c) The right to make stops in its territory at the points specified for that route in the Annex 1 to this Agreement for the purpose of taking on board and disembarking passengers, baggage, cargo and mail.

2. Nothing in paragraph 1 of this Article shall be deemed to confer on the designated airlines of one Party the right of embarking, in the territory of the other Party, traffic carried for remuneration or hire and destined for another point in the territory of that Party.
3. If the designated airlines of one Party are unable to operate services on its normal routing because of armed conflict, political disturbances, or unusual circumstances the other Party shall make 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 norm shall be applied without discrimination between the designated airlines of the Parties.

Article 3 Designation and operating authorization of airlines

1. Each Party shall have the right to designate two airlines for the purpose of operating the agreed services on the routes specified in the Annex 1 to this Agreement and to withdraw or alter such designations. Those designations shall be transmitted to the other Party through diplomatic channels.