Debates Parlamentares - Diário 007S2, p. 92 (2008-10-02)

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

2. On receipt of such a designation, and of applications from the designated airline, in the form and manner prescribed for operating authorizations and technical permissions, the other Party shall grant the appropriate authorizations and permissions with minimum procedural delay, provided that:

a) In the case of an airline designated by the Portuguese Republic:

(i) It is established in the territory of the Portuguese Republic under the Treaty establishing the European Community and has a valid Operating Licence in accordance with European Community law; and (ii) Effective regulatory control of the airline is exercised and maintained by the European Community Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and (iii) It is owned, directly or through majority ownership, and it is effectively controlled by Member States of the European Community and/or nationals of Member States of the European Community, and/or by other states listed in Annex 2 to this Agreement and/or nationals of such other states;

b) In the case of an airline designated by Ukraine:

(i) It is established in the territory of Ukraine and has a valid Operating Licence in accordance with its national legislation in force; (ii) Ukraine exercises and maintains effective regulatory control of the airline; and (iii) It is owned, directly or through majority ownership, and it is effectively controlled by Ukraine and/or nationals of Ukraine;

c) The designated airline is qualified to meet the conditions prescribed under the legislation normally applied to the operation of international air services by the Party considering the application or applications.

3. When an airline has been so designated and authorized it may begin to operate the agreed services provided that the airline complies with the applicable provisions of this Agreement.

Article 4 Withholding, revocation, suspension or limitation of operating authorizations

1. Each Party shall have the right to withhold, revoke, suspend or limit the operating authorizations or technical permissions of an airline designated by the other Party, or to impose conditions on such authorizations as it may deem necessary on the exercise by a designated airline of the rights specified in Article 2 of this Agreement, where:

a) In the case of an airline designated by the Portuguese Republic:

(i) It is not established in the territory of the Portuguese Republic under the Treaty establishing the European Community or does not have a valid Operating Licence in accordance with European Community law; or (ii) Effective regulatory control of the designated airline is not exercised or not maintained by the European Community Member State responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or (iii) It is not owned, directly or through majority ownership, or it is not effectively controlled by Member States of the European Community and/or nationals of Member States of the European Community, and/or by other states listed in Annex 2 to this Agreement and/or nationals of such other states;

b) In the case of an airline designated by Ukraine:

92 | II Série A - Número: 007S2 | 2 de Outubro de 20082. On receipt of such a designation, and of applications from the designated airline, in the form and manner prescribed for operating authorizations and technical permissions, the other Party shall grant the appropriate authorizations and permissions with minimum procedural delay, provided that:a) In the case of an airline designated by the Portuguese Republic:(i) It is established in the territory of the Portuguese Republic under the Treaty establishing the European Community and has a valid Operating Licence in accordance with European Community law; and (ii) Effective regulatory control of the airline is exercised and maintained by the European Community Member State responsible for issuing its Air Operator’s Certificate and the relevant aeronautical authority is clearly identified in the designation; and (iii) It is owned, directly or through majority ownership, and it is effectively controlled by Member States of the European Community and/or nationals of Member States of the European Community, and/or by other states listed in Annex 2 to this Agreement and/or nationals of such other states;b) In the case of an airline designated by Ukraine:(i) It is established in the territory of Ukraine and has a valid Operating Licence in accordance with its national legislation in force; (ii) Ukraine exercises and maintains effective regulatory control of the airline; and (iii) It is owned, directly or through majority ownership, and it is effectively controlled by Ukraine and/or nationals of Ukraine;c) The designated airline is qualified to meet the conditions prescribed under the legislation normally applied to the operation of international air services by the Party considering the application or applications.3. When an airline has been so designated and authorized it may begin to operate the agreed services provided that the airline complies with the applicable provisions of this Agreement.Article 4 Withholding, revocation, suspension or limitation of operating authorizations1. Each Party shall have the right to withhold, revoke, suspend or limit the operating authorizations or technical permissions of an airline designated by the other Party, or to impose conditions on such authorizations as it may deem necessary on the exercise by a designated airline of the rights specified in Article 2 of this Agreement, where:a) In the case of an airline designated by the Portuguese Republic:(i) It is not established in the territory of the Portuguese Republic under the Treaty establishing the European Community or does not have a valid Operating Licence in accordance with European Community law; or (ii) Effective regulatory control of the designated airline is not exercised or not maintained by the European Community Member State responsible for issuing its Air Operator’s Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or (iii) It is not owned, directly or through majority ownership, or it is not effectively controlled by Member States of the European Community and/or nationals of Member States of the European Community, and/or by other states listed in Annex 2 to this Agreement and/or nationals of such other states;b) In the case of an airline designated by Ukraine:

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