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

(i) It is not established in the territory of Ukraine or does not have a valid Operating Licence in accordance with its national legislation; or (ii) Ukraine does not have or maintain effective regulatory control of the airline; or (iii) It is not owned, directly or through majority ownership, and it is not effectively controlled by Ukraine and/or nationals of Ukraine;

c) In the case the designated airline fails 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; or d) In the case of failure by such airline to comply with the legislation in force of the Party granting these rights; or e) In the case the airline fails to operate the agreed services in accordance with the conditions prescribed under this Agreement; or f) In the case of failure by the other Party to take appropriate action to improve safety in accordance with paragraph 2 of Article 15 and security in accordance with paragraph 7 of Article 14 of this Agreement.

2. Unless immediate action is essential to prevent infringement of the provisions mentioned in paragraph 1 of this Article, the rights established by this Article shall be exercised only after consultation with the Parties.
The consultation shall begin within thirty (30) days after the date of receipt of the request by the other Party, unless otherwise agreed by the Parties.

Article 5 Laws and regulations

1. The legislation in force and procedures of one Party relating to the admission to, sojourn in, or departure from its territory of aircraft engaged in international air navigation, or to the operation and navigation of such aircraft while within its territory, shall be applied to the aircraft of both Parties upon entering into or departing from or while within the territory of the first Party.
2. The legislation in force and procedures of one Party relating to the admission to, sojourn in, or departure from its territory of passengers, crew, baggage, cargo and mail transported on board the aircraft, such as legislation and regulations relating to entry, clearance, immigration, passports, customs and sanitary control shall be complied with by the airline of the other Party or on behalf of such passengers, crew, entity entitled of baggage, cargo and mail upon entrance into or departure from or while within the territory of this Party.
3. Neither Party may grant any preference to its own airline with regard to the designated airlines of the other Party in the application of the legislation provided for in this Article.

Article 6 Customs duties and other charges

1. Aircraft operating on international services by the designated airlines of either Party, as well as their regular equipment, spare parts, supplies of fuels and lubricants, other consumable technical supplies and aircraft stores (including food, beverages and tobacco) on board such aircraft shall be exempted from custom duties, inspection fees and other duties or taxes on arriving in the territory of the other Party, provided such equipment, supplies and aircraft stores remain on board the aircraft up to such time as they are re-exported, or are used on the part of the flight performed over that territory.
The relevant transport documents of the designated airlines of either Party including air tickets, airway bills as well as advertising materials introduced in the territory of the other Party, shall be exempted from custom duties, inspection fees and other duties or taxes, in accordance with the legislation in force and procedures applied by each Party.
2. There shall also be exempt from the same duties, fees and taxes, with the exception of charges corresponding to the service performed: